Page:United States Statutes at Large Volume 114 Part 3.djvu/1043

 PUBLIC LAW 106-472—NOV. 9, 2000 114 STAT. 2065 «SEC. 7. MAINTENANCE OF RECORDS. 7 USC 246 "To facilitate the administration of this Act, 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 Act. "(2) A person operating a system for the electronic recording and transfer of receipts and other documents that are authorized under this Act. "(3) Any other person engaged in the issuance of electronic receipts or the transfer of documents under this Act. "SEC. 8. FAIR TREATMENT IN STORAGE OF AGRICULTURAL PRODUCTS. 7 USC 247. "(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. "SEC. 9. COMMINGLING OF AGRICULTURAL PRODUCTS. 7 USC 248. "(a) IN GENERAL.—^A warehouse operator may commingle agricultural products in a manner approved by the Secretary. "(b) LLVBILITY. —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. "SEC. 10. TRANSFER OF STORED AGRICULTURAL PRODUCTS. 7 USC 249. "(a) IN GENERAL.— In accordance with regulations promulgated under this Act, 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) 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. "SEC. 11. WAREHOUSE RECEIPTS. 7 USC 250. "(a) IN GENERAL. —At the request of the depositor of an agricultural product stored or handled in a warehouse licensed under this Act, 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 Act shall

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