§ 241. Definitions
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 pro-
vided by the Secretary for a person to engage
in an activity authorized by this chapter.
(3) Department
The term ‘‘Department’’ means the Depart-
ment 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, elec-
tronic mail, telegram, telex, or telecopy.
(5) Electronic receipt
The term ‘‘electronic receipt’’ means a re-
ceipt 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 re-
ceipt issued in accordance with this chapter,
including an electronic receipt.
(9) Secretary
The term ‘‘Secretary’’ means the Secretary
of Agriculture.
Page 357
TITLE 7—AGRICULTURE
§ 242
(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 pur-
poses of interstate or foreign commerce.
(11) Warehouse operator
The term ‘‘warehouse operator’’ means a
person that is lawfully engaged in the
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Authority boundary: historical or unconfirmed source not current law verified.
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Page 356
TITLE 7—AGRICULTURE
§ 229c
Packers and Stockyards Act, 1921, which comprises this
chapter.
§ 229c. Separability
If any provision of this chapter or the applica-
tion thereof to any person or circumstances is
held invalid, the validity of the remainder of the
chapter and of the application of such provision
to other persons and circumstances shall not be
affected thereby.
(Aug. 15, 1921, ch. 64, title IV, § 417, formerly
§ 408, 42 Stat. 169; renumbered § 411, Pub. L.
94–410, § 5, Sept. 13, 1976, 90 Stat. 1250; renum-
bered § 415, Pub. L. 100–173, § 9(1), Nov. 23, 1987,
101 Stat. 919; renumbered § 416, Pub. L. 106–472,
title III, § 312(e)(1), Nov. 9, 2000, 114 Stat. 2077; re-
numbered
§ 417,
Pub.
L.
110–234,
title
XI,
§ 11004(a)(1), May 22, 2008, 122 Stat. 1355, and Pub.
L. 110–246, § 4(a), title XI, § 11004(a)(1), June 18,
2008, 122 Stat. 1664, 2117.)
Editorial Notes
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 both renumbered
this section as section 417 of act Aug. 15, 1921. Pub. L.
110–234 was repealed by section 4(a) of Pub. L. 110–246 ef-
fective May 22, 2008, the date of enactment of Pub. L.
110–234.
Section was formerly classified to section 229 of this
title.
SUBCHAPTER VI—CHARGE FOR
INSPECTION
§ 231. Omitted
Editorial Notes
CODIFICATION
Section, act July 22, 1942, ch. 516, 56 Stat. 689, was
from the Department of Agriculture Appropriation Act,
1943, and provided for fees for inspection of brands ap-
pearing upon livestock. See section 217a of this title.
Similar provisions were contained in the following
prior appropriation acts:
July 1, 1941, ch. 267, 55 Stat. 432.
June 25, 1940, ch. 421, 54 Stat. 557.
June 30, 1939, ch. 253, title I, 53 Stat. 970.
June 16, 1938, ch. 464, title I, 52 Stat. 721.
June 29, 1937, ch. 404, 50 Stat. 406.
June 4, 1936, ch. 489, 49 Stat. 1432.
May 17, 1935, ch. 131, title I, 49 Stat. 257.
Mar. 26, 1934, ch. 89, 48 Stat. 477.
Mar. 3, 1933, ch. 203, 47 Stat. 1441.
July 7, 1932, ch. 443, 47 Stat. 620.
Feb. 23, 1931, ch. 278, 46 Stat. 1252.
May 27, 1930, ch. 341, 46 Stat. 402.
Feb. 16, 1929, ch. 227, 45 Stat. 1198.
CHAPTER 10—WAREHOUSES
Sec.
241.
Definitions.
242.
Powers of Secretary.
243.
Imposition and collection of fees.
244.
Quality and value standards.
245.
Bonding and other financial assurance re-
quirements.
246.
Maintenance of records.
247.
Fair treatment in storage of agricultural
products.
248.
Commingling of agricultural products.
249.
Transfer of stored agricultural products.
250.
Warehouse receipts.
251.
Conditions for delivery of agricultural prod-
ucts.
Sec.
252.
Suspension or revocation of licenses.
253.
Public information.
254.
Penalties for noncompliance.
255.
Jurisdiction and arbitration.
256.
Authorization of appropriations.
Editorial Notes
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,
§ 158(a)(1), (2), Aug. 13, 1981, 95 Stat. 375, 376; Pub. L.
99–260, § 14, Mar. 20, 1986, 100 Stat. 54; Pub. L. 101–624,
title V, § 508(a), (b), Nov. 28, 1990, 104 Stat. 3441, 3443;
Pub. L. 102–237, title X, § 1009, Dec. 13, 1991, 105 Stat.
1898; Pub. L. 102–553, § 1, Oct. 28, 1992, 106 Stat. 4140.
Such Act is shown herein, however, as having been
added by Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114
Stat. 2061, without reference to such intervening
amendments because of the extensive revision of the ti-
tle’s provisions by Pub. L. 106–472.
§ 241. Definitions
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 pro-
vided by the Secretary for a person to engage
in an activity authorized by this chapter.
(3) Department
The term ‘‘Department’’ means the Depart-
ment 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, elec-
tronic mail, telegram, telex, or telecopy.
(5) Electronic receipt
The term ‘‘electronic receipt’’ means a re-
ceipt 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 re-
ceipt issued in accordance with this chapter,
including an electronic receipt.
(9) Secretary
The term ‘‘Secretary’’ means the Secretary
of Agriculture.
Page 357
TITLE 7—AGRICULTURE
§ 242
(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 pur-
poses 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.
(Aug. 11, 1916, ch. 313, pt. C, § 2, as added Pub. L.
106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2061.)
Editorial Notes
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 pur-
poses,’’ approved Aug. 11, 1916. Part A of act of Aug. 11,
1916, ch. 313, containing the ‘‘United States Cotton Fu-
tures 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 con-
tained the ‘‘United States Grain Standards Act’’ and
constitutes section 71 et seq. of this title.
PRIOR PROVISIONS
A prior section 241, act Aug. 11, 1916, ch. 313, pt. C, § 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.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Act Aug. 11, 1916, ch. 313, pt. C, § 1, as added by Pub.
L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2061, pro-
vided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘United States Warehouse Act’.’’
EFFECTIVE DATE; REGULATIONS
Pub. L. 106–472, title II, § 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 Sec-
retary 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 ex-
isted before the amendment made by section 201) shall
be effective until the earlier of—
‘‘(1) the date on which final regulations are promul-
gated under subsection (b); or
‘‘(2) August 1, 2001.’’
§ 242. Powers of Secretary
(a) In general
The Secretary shall have exclusive power, ju-
risdiction, 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 ap-
proval 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 oppor-
tunity for notice and comment, those agricul-
tural 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 agricul-
tural products.
(d) Inspections
The Secretary may inspect or cause to be in-
spected any person or warehouse licensed under
this chapter and any warehouse for which a li-
cense is applied for under this chapter.
(e) Suitability for storage
The Secretary may determine whether a li-
censed warehouse, or a warehouse for which a li-
cense is applied for under this chapter, is suit-
able for the proper storage of the agricultural
product or products stored or proposed for stor-
age in the warehouse.
(f) Classification
The Secretary may classify a licensed ware-
house, or a warehouse for which a license is ap-
plied 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 chap-
ter, the Secretary may prescribe the duties of a
warehouse operator operating a warehouse li-
censed 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 Sec-
retary may promulgate regulations governing
one or more electronic systems under which
electronic receipts may be issued and trans-
ferred 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 fil-
ing 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), on request of the person, State
agency, or commodity exchange, the Secretary
may conduct an examination, audit, or similar
activity with respect to—
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim));
(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 ope