US (United States) Code. Title 7. Chapter 10: Warehouses

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 10 - WAREHOUSES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

.

-HEAD-

CHAPTER 10 - WAREHOUSES

-MISC1-

Sec.

241. Definitions.

242. Powers of Secretary.

(a) In general.

(b) Covered agricultural products.

(c) Investigations.

(d) Inspections.

(e) Suitability for storage.

(f) Classification.

(g) Warehouse operator's duties.

(h) Systems for electronic conveyance.

(i) Examination and audits.

(j) Licenses for operation of warehouses.

(k) Licensing of other persons.

(l) Examination of books, records, papers, and

accounts.

(m) Cooperation with States.

243. Imposition and collection of fees.

(a) In general.

(b) Rates.

(c) Treatment of fees.

(d) Interest.

(e) Efficiencies and cost effectiveness.

244. Quality and value standards.

245. Bonding and other financial assurance requirements.

(a) In general.

(b) Service of process.

(c) Additional assurances.

(d) Third party actions.

246. Maintenance of records.

247. Fair treatment in storage of agricultural products.

(a) In general.

(b) Allocation.

248. Commingling of agricultural products.

(a) In general.

(b) Liability.

249. Transfer of stored agricultural products.

(a) In general.

(b) Continued duty.

250. Warehouse receipts.

(a) In general.

(b) Actual storage required.

(c) Contents.

(d) Prohibition on additional receipts or other

documents.

(e) Electronic receipts and electronic documents.

251. Conditions for delivery of agricultural products.

(a) Prompt delivery.

(b) Payment to accompany demand.

(c) Surrender of receipt.

(d) Cancellation of receipt.

252. Suspension or revocation of licenses.

(a) In general.

(b) Temporary suspension.

(c) Authority to conduct hearings.

(d) Judicial review.

253. Public information.

(a) In general.

(b) Confidentiality.

254. Penalties for noncompliance.

255. Jurisdiction and arbitration.

(a) Federal jurisdiction.

(b) Arbitration.

256. Authorization of appropriations.

-COD-

CODIFICATION

The United States Warehouse Act, comprising this chapter, was

originally enacted by act Aug. 11, 1916, ch. 313, pt. C, 39 Stat.

486, and amended by July 24, 1919, ch. 26, 41 Stat. 266; Feb. 23,

1923, ch. 106, 42 Stat. 1282; Mar. 2, 1931, ch. 366, 46 Stat. 1463;

Pub. L. 97-35, title I, Sec. 158(a)(1), (2), Aug. 13, 1981, 95

Stat. 375, 376; Pub. L. 99-260, Sec. 14, Mar. 20, 1986, 100 Stat.

54; Pub. L. 101-624, title V, Sec. 508(a), (b), Nov. 28, 1990, 104

Stat. 3441, 3443; Pub. L. 102-237, title X, Sec. 1009, Dec. 13,

1991, 105 Stat. 1898; Pub. L. 102-553, Sec. 1, Oct. 28, 1992, 106

Stat. 4140. Such Act is shown herein, however, as having been added

by Pub. L. 106-472, title II, Sec. 201, Nov. 9, 2000, 114 Stat.

2061, without reference to such intervening amendments because of

the extensive revision of the title's provisions by Pub. L.

106-472.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 61a, 79a, 420, 1508 of

this title.

-CITE-

7 USC Sec. 241 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 241. Definitions

-STATUTE-

In this chapter:

(1) Agricultural product

The term ''agricultural product'' means an agricultural

commodity, as determined by the Secretary, including a processed

product of an agricultural commodity.

(2) Approval

The term ''approval'' means the consent provided by the

Secretary for a person to engage in an activity authorized by

this chapter.

(3) Department

The term ''Department'' means the Department of Agriculture.

(4) Electronic document

The term ''electronic document'' means a document that is

generated, sent, received, or stored by electronic, optical, or

similar means, including electronic data interchange, electronic

mail, telegram, telex, or telecopy.

(5) Electronic receipt

The term ''electronic receipt'' means a receipt that is

authorized by the Secretary to be issued or transmitted under

this chapter in the form of an electronic document.

(6) Holder

The term ''holder'' means a person that has possession in fact

or by operation of law of a receipt or any electronic document.

(7) Person

The term ''person'' means -

(A) a person (as defined in section 1 of title 1);

(B) a State; and

(C) a political subdivision of a State.

(8) Receipt

The term ''receipt'' means a warehouse receipt issued in

accordance with this chapter, including an electronic receipt.

(9) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(10) Warehouse

The term ''warehouse'' means a structure or other approved

storage facility, as determined by the Secretary, in which any

agricultural product may be stored or handled for the purposes of

interstate or foreign commerce.

(11) Warehouse operator

The term ''warehouse operator'' means a person that is lawfully

engaged in the business of storing or handling agricultural

products.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 2, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2061.)

-COD-

CODIFICATION

This chapter constitutes part C of ''An act making appropriations

for the Department of Agriculture for the fiscal year ending June

13, 1917, and for other purposes,'' approved Aug. 11, 1916. Part A

of act of Aug. 11, 1916, ch. 313, containing the ''United States

Cotton Futures Act'' formerly classified to chapter 13 of Title 26,

Internal Revenue Code, was repealed by section 4 of act Feb. 10,

1939, ch. 2, 53 Stat. 1. Part B of that act contained the ''United

States Grain Standards Act'' and constitutes section 71 et seq. of

this title.

-MISC3-

PRIOR PROVISIONS

A prior section 241, act Aug. 11, 1916, ch. 313, pt. C, Sec. 1,

39 Stat. 486, set forth short title, prior to the general amendment

of this chapter by Pub. L. 106-472.

A prior section 2 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 242 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

SHORT TITLE

Act Aug. 11, 1916, ch. 313, pt. C, Sec. 1, as added by Pub. L.

106-472, title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2061, provided

that: ''This Act (enacting this chapter) may be cited as the

'United States Warehouse Act'.''

EFFECTIVE DATE; REGULATIONS

Pub. L. 106-472, title II, Sec. 202, Nov. 9, 2000, 114 Stat.

2068, provided that:

''(a) Proposed Regulations. - Not later than 90 days after the

date of the enactment of this Act (Nov. 9, 2000), the Secretary of

Agriculture shall publish in the Federal Register proposed

regulations for carrying out the amendment made by section 201

(enacting this chapter).

''(b) Final Regulations. - Not later than 180 days after the date

of the enactment of this Act, the Secretary shall promulgate final

regulations for carrying out the amendment made by section 201.

''(c) Effectiveness of Existing Act. - The United States

Warehouse Act (7 U.S.C. 241 et seq.) (as it existed before the

amendment made by section 201) shall be effective until the earlier

of -

''(1) the date on which final regulations are promulgated under

subsection (b); or

''(2) August 1, 2001.''

-CITE-

7 USC Sec. 242 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 242. Powers of Secretary

-STATUTE-

(a) In general

The Secretary shall have exclusive power, jurisdiction, and

authority, to the extent that this chapter applies, with respect to

-

(1) each warehouse operator licensed under this chapter;

(2) each person that has obtained an approval to engage in an

activity under this chapter; and

(3) each person claiming an interest in an agricultural product

by means of a document or receipt subject to this chapter.

(b) Covered agricultural products

The Secretary shall specify, after an opportunity for notice and

comment, those agricultural products for which a warehouse license

may be issued under this chapter.

(c) Investigations

The Secretary may investigate the storing, warehousing,

classifying according to grade and otherwise, weighing, and

certifying of agricultural products.

(d) Inspections

The Secretary may inspect or cause to be inspected any person or

warehouse licensed under this chapter and any warehouse for which a

license is applied for under this chapter.

(e) Suitability for storage

The Secretary may determine whether a licensed warehouse, or a

warehouse for which a license is applied for under this chapter, is

suitable for the proper storage of the agricultural product or

products stored or proposed for storage in the warehouse.

(f) Classification

The Secretary may classify a licensed warehouse, or a warehouse

for which a license is applied for under this chapter, in

accordance with the ownership, location, surroundings, capacity,

conditions, and other qualities of the warehouse and as to the

kinds of licenses issued or that may be issued for the warehouse

under this chapter.

(g) Warehouse operator's duties

Subject to the other provisions of this chapter, the Secretary

may prescribe the duties of a warehouse operator operating a

warehouse licensed under this chapter with respect to the warehouse

operator's care of and responsibility for agricultural products

stored or handled by the warehouse operator.

(h) Systems for electronic conveyance

(1) Regulations governing electronic systems

Except as provided in paragraph (2), the Secretary may

promulgate regulations governing one or more electronic systems

under which electronic receipts may be issued and transferred and

other electronic documents relating to the shipment, payment, and

financing of the sale of agricultural products may be issued or

transferred.

(2) Limitations

The Secretary shall not have the authority under this chapter

to establish -

(A) one or more central filing systems for the filing of

financing statements or the filing of the notice of financing

statements; or

(B) rules to determine security interests of persons affected

by this chapter.

(i) Examination and audits

In addition to the authority provided under subsection (l) of

this section, on request of the person, State agency, or commodity

exchange, the Secretary may conduct an examination, audit, or

similar activity with respect to -

(1) any person that is engaged in the business of storing an

agricultural product that is subject to this chapter;

(2) any State agency that regulates the storage of an

agricultural product by such a person; or

(3) any commodity exchange with regulatory authority over the

storage of agricultural products that are subject to this

chapter.

(j) Licenses for operation of warehouses

The Secretary may issue to any warehouse operator a license for

the operation of a warehouse in accordance with this chapter if -

(1) the Secretary determines that the warehouse is suitable for

the proper storage of the agricultural product or products stored

or proposed for storage in the warehouse; and

(2) the warehouse operator agrees, as a condition of the

license, to comply with this chapter (including regulations

promulgated under this chapter).

(k) Licensing of other persons

(1) In general

On presentation of satisfactory proof of competency to carry

out the activities described in this paragraph, the Secretary may

issue to any person a Federal license -

(A) to inspect any agricultural product stored or handled in

a warehouse subject to this chapter;

(B) to sample such an agricultural product;

(C) to classify such an agricultural product according to

condition, grade, or other class and certify the condition,

grade, or other class of the agricultural product; or

(D) to weigh such an agricultural product and certify the

weight of the agricultural product.

(2) Condition

As a condition of a license issued under paragraph (1), the

licensee shall agree to comply with this chapter (including

regulations promulgated under this chapter).

(l) Examination of books, records, papers, and accounts

The Secretary may examine and audit, using designated officers,

employees, or agents of the Department, all books, records, papers,

and accounts relating to activities subject to this chapter of -

(1) a warehouse operator operating a warehouse licensed under

this chapter;

(2) a person operating a system for the electronic recording

and transfer of receipts and other documents authorized by the

Secretary; or

(3) any other person issuing receipts or electronic documents

authorized by the Secretary under this chapter.

(m) Cooperation with States

The Secretary may -

(1) cooperate with officers and employees of a State who

administer or enforce State laws relating to warehouses,

warehouse operators, weighers, graders, inspectors, samplers, or

classifiers; and

(2) enter into cooperative agreements with States to perform

activities authorized under this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 3, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2062.)

-MISC1-

PRIOR PROVISIONS

A prior section 242, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 2,

39 Stat. 486; Feb. 23, 1923, ch. 106, 42 Stat. 1282, defined terms,

prior to the general amendment of this chapter by Pub. L. 106-472.

See section 241 of this title.

A prior section 3 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 243 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 250 of this title.

-CITE-

7 USC Sec. 243 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 243. Imposition and collection of fees

-STATUTE-

(a) In general

The Secretary shall assess persons covered by this chapter fees

to cover the costs of administering this chapter.

(b) Rates

The fees under this section shall be set at a rate determined by

the Secretary.

(c) Treatment of fees

All fees collected under this section shall be credited to the

account that incurs the costs of administering this chapter and

shall be available to the Secretary without further appropriation

and without fiscal year limitation.

(d) Interest

Funds collected under this section may be deposited in an

interest-bearing account with a financial institution, and any

interest earned on the account shall be credited under subsection

(c) of this section.

(e) Efficiencies and cost effectiveness

(1) In general

The Secretary shall seek to minimize the fees established under

this section by improving efficiencies and reducing costs,

including the efficient use of personnel to the extent

practicable and consistent with the effective implementation of

this chapter.

(2) Report

The Secretary shall publish an annual report on the actions

taken by the Secretary to comply with paragraph (1).

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 4, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2064.)

-MISC1-

PRIOR PROVISIONS

A prior section 243, act Aug. 11, 1916, ch. 313, pt. C, Sec. 3,

39 Stat. 486, authorized investigation of warehousing, weighing,

classifying, and certification of agricultural products, inspection

of warehouses, and prescription of duties of warehousemen by

Secretary of Agriculture, prior to the general amendment of this

chapter by Pub. L. 106-472. See section 242 of this title.

A prior section 4 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 244 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 244 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 244. Quality and value standards

-STATUTE-

If standards for the evaluation or determination of the quality

or value of an agricultural product are not established under

another Federal law, the Secretary may establish standards for the

evaluation or determination of the quality or value of the

agricultural product under this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 5, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2064.)

-MISC1-

PRIOR PROVISIONS

A prior section 244, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 4,

39 Stat. 486; Mar. 2, 1931, ch. 366, Sec. 1, 46 Stat. 1463,

authorized licensing of warehousemen, prior to the general

amendment of this chapter by Pub. L. 106-472. See section 242 of

this title.

A prior section 5 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 245 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 245 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 245. Bonding and other financial assurance requirements

-STATUTE-

(a) In general

As a condition of receiving a license or approval under this

chapter (including regulations promulgated under this chapter), the

person applying for the license or approval shall execute and file

with the Secretary a bond, or provide such other financial

assurance as the Secretary determines appropriate, to secure the

person's performance of the activities so licensed or approved.

(b) Service of process

To qualify as a suitable bond or other financial assurance under

subsection (a) of this section, the surety, sureties, or financial

institution shall be subject to service of process in suits on the

bond or other financial assurance in the State, district, or

territory in which the warehouse is located.

(c) Additional assurances

If the Secretary determines that a previously approved bond or

other financial assurance is insufficient, the Secretary may

suspend or revoke the license or approval covered by the bond or

other financial assurance if the person that filed the bond or

other financial assurance does not provide such additional bond or

other financial assurance as the Secretary determines appropriate.

(d) Third party actions

Any person injured by the breach of any obligation arising under

this chapter for which a bond or other financial assurance has been

obtained as required by this section may sue with respect to the

bond or other financial assurance in a district court of the United

States to recover the damages that the person sustained as a result

of the breach.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 6, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2064.)

-MISC1-

PRIOR PROVISIONS

A prior section 245, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 5,

39 Stat. 486; Feb. 23, 1923, ch. 106, 42 Stat. 1282, related to

term and renewal of license, prior to the general amendment of this

chapter by Pub. L. 106-472.

A prior section 6 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 247 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 246 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 246. Maintenance of records

-STATUTE-

To facilitate the administration of this chapter, the following

persons shall maintain such records and make such reports, as the

Secretary may by regulation require:

(1) A warehouse operator that is licensed under this chapter.

(2) A person operating a system for the electronic recording

and transfer of receipts and other documents that are authorized

under this chapter.

(3) Any other person engaged in the issuance of electronic

receipts or the transfer of documents under this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 7, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2065.)

-MISC1-

PRIOR PROVISIONS

A prior section 246, acts Aug. 11, 1916, ch. 313, pt. C, Sec.

25, 39 Stat. 490; Mar. 2, 1931, ch. 366, Sec. 8, 46 Stat. 1465,

related to suspension and revocation of license, prior to the

general amendment of this chapter by Pub. L. 106-472. See section

252 of this title.

A prior section 7 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 249 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 247 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 247. Fair treatment in storage of agricultural products

-STATUTE-

(a) In general

Subject to the capacity of a warehouse, a warehouse operator

shall deal, in a fair and reasonable manner, with persons storing,

or seeking to store, an agricultural product in the warehouse if

the agricultural product -

(1) is of the kind, type, and quality customarily stored or

handled in the area in which the warehouse is located;

(2) is tendered to the warehouse operator in a suitable

condition for warehousing; and

(3) is tendered in a manner that is consistent with the

ordinary and usual course of business.

(b) Allocation

Nothing in this section prohibits a warehouse operator from

entering into an agreement with a depositor of an agricultural

product to allocate available storage space.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 8, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2065.)

-MISC1-

PRIOR PROVISIONS

A prior section 247, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 6,

39 Stat. 486; July 24, 1919, ch. 26, 41 Stat. 266; Feb. 23, 1923,

ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, Sec. 2, 46 Stat.

1463, required bond as condition to granting of license and

additional bonds if first bond determined to become insufficient,

prior to the general amendment of this chapter by Pub. L. 106-472.

See section 245 of this title.

A prior section 8 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 250 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 248 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 248. Commingling of agricultural products

-STATUTE-

(a) In general

A warehouse operator may commingle agricultural products in a

manner approved by the Secretary.

(b) Liability

A warehouse operator shall be severally liable to each depositor

or holder for the care and redelivery of the share of the depositor

and holder of the commingled agricultural product to the same

extent and under the same circumstances as if the agricultural

products had been stored separately.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 9, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2065.)

-MISC1-

PRIOR PROVISIONS

A prior section 248, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 9,

39 Stat. 487; Mar. 2, 1931, ch. 366, Sec. 4, 46 Stat. 1464, related

to issuance of licenses to persons other than warehousemen, prior

to the general amendment of this chapter by Pub. L. 106-472. See

section 242 of this title.

-CITE-

7 USC Sec. 249 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 249. Transfer of stored agricultural products

-STATUTE-

(a) In general

In accordance with regulations promulgated under this chapter, a

warehouse operator may transfer a stored agricultural product from

one warehouse to another warehouse for continued storage.

(b) Continued duty

The warehouse operator from which agricultural products have been

transferred under subsection (a) of this section shall deliver to

the rightful owner of such products, on request at the original

warehouse, such products in the quantity and of the kind, quality,

and grade called for by the receipt or other evidence of storage of

the owner.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 10, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2065.)

-MISC1-

PRIOR PROVISIONS

A prior section 249, act Aug. 11, 1916, ch. 313, pt. C, Sec. 7,

39 Stat. 487, entitled injured persons to bring actions on bonds,

prior to the general amendment of this chapter by Pub. L. 106-472.

See section 245 of this title.

A prior section 10 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 251 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 250 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 250. Warehouse receipts

-STATUTE-

(a) In general

At the request of the depositor of an agricultural product stored

or handled in a warehouse licensed under this chapter, the

warehouse operator shall issue a receipt to the depositor as

prescribed by the Secretary.

(b) Actual storage required

A receipt may not be issued under this section for an

agricultural product unless the agricultural product is actually

stored in the warehouse at the time of the issuance of the receipt.

(c) Contents

Each receipt issued for an agricultural product stored or handled

in a warehouse licensed under this chapter shall contain such

information, for each agricultural product covered by the receipt,

as the Secretary may require by regulation.

(d) Prohibition on additional receipts or other documents

(1) Receipts

While a receipt issued under this chapter is outstanding and

uncanceled by the warehouse operator, an additional receipt may

not be issued for the same agricultural product (or any portion

of the same agricultural product) represented by the outstanding

receipt, except as authorized by the Secretary.

(2) Other documents

If a document is transferred under this section, no duplicate

document in any form may be transferred by any person with

respect to the same agricultural product represented by the

document, except as authorized by the Secretary.

(e) Electronic receipts and electronic documents

Except as provided in section 242(h)(2) of this title,

notwithstanding any other provision of Federal or State law:

(1) In general

The Secretary may promulgate regulations that authorize the

issuance, recording, and transfer of electronic receipts, and the

transfer of other electronic documents, in accordance with this

subsection.

(2) Electronic receipt or electronic document systems

Electronic receipts may be issued, recorded, and transferred,

and electronic documents may be transferred, under this

subsection with respect to an agricultural product under, a

system or systems maintained in one or more locations and

approved by the Secretary in accordance with regulations issued

under this chapter.

(3) Treatment of holder

Any person designated as the holder of an electronic receipt or

other electronic document issued or transferred under this

chapter shall, for the purpose of perfecting the security

interest of the person under Federal or State law and for all

other purposes, be considered to be in possession of the receipt

or other electronic document.

(4) Nondiscrimination

An electronic receipt issued, or other electronic document

transferred, in accordance with this chapter shall not be denied

legal effect, validity, or enforceability on the ground that the

information is generated, sent, received, or stored by electronic

or similar means.

(5) Security interests

If more than one security interest exists in the agricultural

product that is the subject of an electronic receipt or other

electronic document under this chapter, the priority of the

security interest shall be determined by the applicable Federal

or State law.

(6) No electronic receipt required

A person shall not be required to issue in electronic form a

receipt or document with respect to an agricultural product.

(7) Option for non-federally licensed warehouse operators

Notwithstanding any other provision of this chapter, a

warehouse operator not licensed under this chapter may, at the

option of the warehouse operator and in accordance with

regulations established by the Secretary, issue electronic

receipts and transfer other electronic documents in accordance

with this chapter.

(8) Application to State-licensed warehouse operators

This subsection shall not apply to a warehouse operator that is

licensed under State law to store agricultural commodities in a

warehouse in the State if the warehouse operator elects -

(A) not to issue electronic receipts authorized under this

subsection; or

(B) to issue electronic receipts authorized under State law.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 11, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2065.)

-MISC1-

PRIOR PROVISIONS

A prior section 250, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 8,

39 Stat. 487; Mar. 2, 1931, ch. 366, Sec. 3, 46 Stat. 1463,

authorized designation as bonded warehouse upon filing of bond and

approval by Secretary, prior to the general amendment of this

chapter by Pub. L. 106-472.

A prior section 11 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 252 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 251 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 251. Conditions for delivery of agricultural products

-STATUTE-

(a) Prompt delivery

In the absence of a lawful excuse, a warehouse operator shall,

without unnecessary delay, deliver the agricultural product stored

or handled in the warehouse on a demand made by -

(1) the holder of the receipt for the agricultural product; or

(2) the person that deposited the product, if no receipt has

been issued.

(b) Payment to accompany demand

Prior to delivery of the agricultural product, payment of the

accrued charges associated with the storage of the agricultural

product, including satisfaction of the warehouseman's lien, shall

be made if requested by the warehouse operator.

(c) Surrender of receipt

When the holder of a receipt requests delivery of an agricultural

product covered by the receipt, the holder shall surrender the

receipt to the warehouse operator, in the manner prescribed by the

Secretary, to obtain the agricultural product.

(d) Cancellation of receipt

A warehouse operator shall cancel each receipt returned to the

warehouse operator upon the delivery of the agricultural product

for which the receipt was issued.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 12, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2067.)

-MISC1-

PRIOR PROVISIONS

A prior section 251, acts Aug. 11, 1916, ch. 313, pt. C, Sec.

10, 39 Stat. 487; Mar. 2, 1931, ch. 366, Sec. 5, 46 Stat. 1464;

Pub. L. 97-35, title I, Sec. 158(a)(1), Aug. 13, 1981, 95 Stat.

375, authorized fee for warehouse examination, inspection, and

licensing, prior to the general amendment of this chapter by Pub.

L. 106-472. See section 243 of this title.

A prior section 12 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 253 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

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7 USC Sec. 252 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 252. Suspension or revocation of licenses

-STATUTE-

(a) In general

After providing notice and an opportunity for a hearing in

accordance with this section, the Secretary may suspend or revoke

any license issued, or approval for an activity provided, under

this chapter -

(1) for a material violation of, or failure to comply, with any

provision of this chapter (including regulations promulgated

under this chapter); or

(2) on the ground that unreasonable or exorbitant charges have

been imposed for services rendered.

(b) Temporary suspension

The Secretary may temporarily suspend a license or approval for

an activity under this chapter prior to an opportunity for a

hearing for any violation of, or failure to comply with, any

provision of this chapter (including regulations promulgated under

this chapter).

(c) Authority to conduct hearings

The agency within the Department that is responsible for

administering regulations promulgated under this chapter shall have

exclusive authority to conduct any hearing required under this

section.

(d) Judicial review

(1) Jurisdiction

A final administrative determination issued subsequent to a

hearing may be reviewable only in a district court of the United

States.

(2) Procedure

The review shall be conducted in accordance with the standards

set forth in section 706(2) of title 5.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 13, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2067.)

-MISC1-

PRIOR PROVISIONS

A prior section 252, acts Aug. 11, 1916, ch. 313, pt. C, Sec.

11, 39 Stat. 487; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2,

1931, ch. 366, Sec. 6, 46 Stat. 1464, authorized license to

classify, grade, or weigh agricultural products, prior to the

general amendment of this chapter by Pub. L. 106-472. See section

242 of this title.

A prior section 13 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 254 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 253 of this title.

-CITE-

7 USC Sec. 253 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 253. Public information

-STATUTE-

(a) In general

The Secretary may release to the public the names, addresses, and

locations of all persons -

(1) that have been licensed under this chapter or that have

been approved to engage in an activity under this chapter; and

(2) with respect to which a license or approval has been

suspended or revoked under section 252 of this title, the results

of any investigation made or hearing conducted under this

chapter, including the reasons for the suspension or revocation.

(b) Confidentiality

Except as otherwise provided by law, an officer, employee, or

agent of the Department shall not divulge confidential business

information obtained during a warehouse examination or other

function performed as part of the duties of the officer, employee,

or agent under this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 14, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2068.)

-MISC1-

PRIOR PROVISIONS

A prior section 253, acts Aug. 11, 1916, ch. 313, pt. C, Sec.

12, 39 Stat. 487; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2,

1931, ch. 366, Sec. 7, 46 Stat. 1464, related to suspension and

revocation of license to classify, grade, or weigh, prior to the

general amendment of this chapter by Pub. L. 106-472. See section

252 of this title.

A prior section 14 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 255 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 254 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 254. Penalties for noncompliance

-STATUTE-

If a person fails to comply with any requirement of this chapter

(including regulations promulgated under this chapter), the

Secretary may assess, on the record after an opportunity for a

hearing, a civil penalty -

(1) of not more than $25,000 per violation, if an agricultural

product is not involved in the violation; or

(2) of not more than 100 percent of the value of the

agricultural product, if an agricultural product is involved in

the violation.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 15, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2068.)

-MISC1-

PRIOR PROVISIONS

A prior section 254, act Aug. 11, 1916, ch. 313, pt. C, Sec. 13,

39 Stat. 488, prohibited discrimination by warehousemen, prior to

the general amendment of this chapter by Pub. L. 106-472. See

section 247 of this title.

A prior section 15 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 256 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

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7 USC Sec. 255 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 255. Jurisdiction and arbitration

-STATUTE-

(a) Federal jurisdiction

A district court of the United States shall have exclusive

jurisdiction over any action brought under this chapter without

regard to the amount in controversy or the citizenship of the

parties.

(b) Arbitration

Nothing in this chapter prevents the enforceability of an

agreement to arbitrate that would otherwise be enforceable under

chapter 1 of title 9.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 16, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2068.)

-MISC1-

PRIOR PROVISIONS

A prior section 255, act Aug. 11, 1916, ch. 313, pt. C, Sec. 14,

39 Stat. 488, deemed deposit of products in a licensed warehouse as

deposit subject to this chapter, prior to the general amendment of

this chapter by Pub. L. 106-472.

A prior section 16 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 258 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

-CITE-

7 USC Sec. 256 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 10 - WAREHOUSES

-HEAD-

Sec. 256. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as are

necessary to carry out this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. C, Sec. 17, as added Pub. L. 106-472,

title II, Sec. 201, Nov. 9, 2000, 114 Stat. 2068.)

-MISC1-

PRIOR PROVISIONS

A prior section 256, acts Aug. 11, 1916, ch. 313, pt. C, Sec.

15, 39 Stat. 488; Feb. 23, 1923, ch. 106, 42 Stat. 1283, related to

inspection and grading of products stored, prior to the general

amendment of this chapter by Pub. L. 106-472.

A prior section 17 of act Aug. 11, 1916, ch. 313, pt. C, was

classified to section 259 of this title, prior to the general

amendment of this chapter by Pub. L. 106-472.

Prior sections 257 to 273 were omitted in the general amendment

of this chapter by Pub. L. 106-472.

Section 257, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 19, 39

Stat. 489; Feb. 23, 1923, ch. 106, 42 Stat. 1284, authorized

Secretary to promulgate standards for agricultural products. See

section 244 of this title.

Section 258, act Aug. 11, 1916, ch. 313, pt. C, Sec. 16, 39

Stat. 488, related to mingling of stored products. See section 248

of this title.

Section 259, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 17, 39

Stat. 488; Pub. L. 99-260, Sec. 14, Mar. 20, 1986, 100 Stat. 54;

Pub. L. 101-624, title V, Sec. 508(a), Nov. 28, 1990, 104 Stat.

3441; Pub. L. 102-237, title X, Sec. 1009, Dec. 13, 1991, 105 Stat.

1898; Pub. L. 102-553, Sec. 1, Oct. 28, 1992, 106 Stat. 4140,

required issuance of receipts for products stored and set forth

provisions relating to central filing system and transfer of stored

products. See sections 249 and 250 of this title.

Section 260, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 18, 39

Stat. 488; July 24, 1919, ch. 26, 41 Stat. 266; Feb. 23, 1923, ch.

106, 42 Stat. 1284, related to contents of receipts. See section

250 of this title.

Section 261, act Aug. 11, 1916, ch. 313, pt. C, Sec. 20, 39

Stat. 489, related to issuance of further receipt with original

outstanding. See section 250 of this title.

Section 262, act Aug. 11, 1916, ch. 313, pt. C, Sec. 21, 39

Stat. 489, required delivery on demand of products stored and set

forth conditions to delivery. See section 251 of this title.

Section 263, act Aug. 11, 1916, ch. 313, pt. C, Sec. 22, 39

Stat. 490, related to cancellation of receipt upon delivery of

product stored. See section 251 of this title.

Section 264, act Aug. 11, 1916, ch. 313, pt. C, Sec. 23, 39

Stat. 490, related to recording and reporting requirements and

directed compliance with this chapter and regulations. See section

246 of this title.

Section 265, act Aug. 11, 1916, ch. 313, pt. C, Sec. 24, 39

Stat. 490, authorized Secretary to examine stored products and

publish findings. See sections 242 and 253 of this title.

Section 266, act Aug. 11, 1916, ch. 313, pt. C, Sec. 26, 39

Stat. 490, authorized publication of investigation results, list of

terminated licenses, and names and locations of bonded warehouses.

See section 253 of this title.

Section 267, act Aug. 11, 1916, ch. 313, pt. C, Sec. 27, 39

Stat. 490, authorized examination of books and records of

warehousemen. See section 242 of this title.

Section 268, act Aug. 11, 1916, ch. 313, pt. C, Sec. 28, 39

Stat. 490, authorized rules and regulations.

Section 269, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 29, 39

Stat. 490; Feb. 23, 1923, ch. 106, 42 Stat. 1285; Mar. 2, 1931, ch.

366, Sec. 9, 46 Stat. 1465, related to cooperation with States,

exclusivity of Secretary's authority, and preemption of laws. See

section 242 of this title.

Section 270, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 30, 39

Stat. 490; Feb. 23, 1923, ch. 106, 42 Stat. 1285; Mar. 2, 1931, ch.

366, Sec. 10, 46 Stat. 1465; Pub. L. 101-624, title V, Sec. 508(b),

Nov. 28, 1990, 104 Stat. 3443, set forth punishment for violations

of this chapter. See section 254 of this title.

Section 271, acts Aug. 11, 1916, ch. 313, pt. C, Sec. 31, 39

Stat. 491; Pub. L. 97-35, title I, Sec. 158(a)(2), Aug. 13, 1981,

95 Stat. 376, authorized appropriations and employment of temporary

personnel. See section 256 of this title.

Section 272, act Aug. 11, 1916, ch. 313, pt. C, Sec. 32, 39

Stat. 491, related to separability of provisions.

Section 273, act Aug. 11, 1916, ch. 313, pt. C, Sec. 33, 39

Stat. 491, reserved right to amend, alter, or repeal this chapter.

-CITE-