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7 U.S.C. § 250Warehouse receipts

submitted 110 years ago by Pub. L. 106-472 to r/title-7-AGRICULTURE · 597 words · no verdicts yet

in plain englishAI-generated · not legal advice

A licensed warehouse must give a depositor a receipt for stored farm products, if asked. The warehouse can't issue a duplicate receipt for the same product while one is outstanding. The Secretary of Agriculture may allow electronic receipts too, under set rules.

(a) In general: If someone stores or handles an agricultural product in a warehouse licensed under this chapter and asks for a receipt, the warehouse operator must give that depositor a receipt, in the form the Secretary prescribes. (b) Actual storage required: A warehouse can't issue a receipt for a product unless that product is actually in the warehouse at the time the receipt is issued. (c) Contents: Each receipt must include whatever information the Secretary requires by regulation, for each product it covers. (d) Prohibition on additional receipts or other documents: (1) Receipts: While a receipt is still outstanding and not canceled by the warehouse operator, the warehouse can't issue another receipt for the same product (or any part of it) — unless the Secretary allows it. (2) Other documents: If a document covering a product is transferred, no one may transfer a duplicate of that document for the same product, unless the Secretary allows it. (e) Electronic receipts and electronic documents (this subsection doesn't apply to anything covered by section 242(h)(2) of this title, and overrides other federal or state law): (1) In general: The Secretary may issue regulations allowing electronic receipts to be issued, recorded, and transferred, and other electronic documents to be transferred, under this subsection. (2) Electronic receipt or electronic document systems: These electronic receipts and documents may be handled through one or more systems that the Secretary approves under regulations issued under this chapter. (3) Treatment of holder: Whoever is named as the holder of an electronic receipt or document is treated, for purposes of securing a security interest and for all other purposes, as if they physically possess the receipt or document. (4) Nondiscrimination: An electronic receipt or document is not denied legal effect, validity, or enforceability just because it was generated, sent, received, or stored electronically. (5) Security interests: If more than one security interest exists in a product covered by an electronic receipt or document, the applicable federal or state law decides which interest has priority. (6) No electronic receipt required: No one has to issue a receipt or document in electronic form. (7) Option for non-federally licensed warehouse operators: A warehouse operator that isn't licensed under this chapter may still choose, under the Secretary's regulations, to issue electronic receipts and transfer electronic documents this way. (8) Application to State-licensed warehouse operators: This subsection doesn't apply to a warehouse operator licensed under state law to store agricultural commodities, if that operator chooses either: (A) not to issue electronic receipts authorized under this subsection; or (B) to issue electronic receipts authorized under state law instead.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (Aug. 11, 1916, ch. 313, pt. C, § 11, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2065.)

history & why it existsrecord from the source credit
  • 1916Enacted · Pub. L. 106-472 · 114 Stat. 2065

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-472 on 1916-08-11.

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