Page:United States Statutes at Large Volume 114 Part 3.djvu/1040

 114 STAT. 2062 PUBLIC LAW 106-472—NOV. 9, 2000 Secretary, in which any agriciiltural 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. 7 USC 242. "SEC. 3. POWERS OF SECRETARY. "(a) IN GENERAL. — The Secretary shall have exclusive power, jurisdiction, and authority, to the extent that this Act applies, with respect to— "(1) each warehouse operator licensed under this Act; "(2) each person that has obtained an approval to engage in an activity under this Act; and "(3) each person claiming an interest in an agricultural product by means of a document or receipt subject to this Act. "(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 Act. "(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 Act and any warehouse for which a license is applied for under this Act. "(e) SUITABILITY FOR STORAGE.— The Secretary may determine whether a licensed warehouse, or a warehouse for which a license is applied for under this Act, 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 Act, in accordsince 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 Act. "(g) WAREHOUSE OPERATOR'S DUTIES. —Subject to the other provisions of this Act, the Secretary may prescribe the duties of a warehouse operator operating a warehouse licensed under this Act 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 Act 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

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