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7 U.S.C. § 247 — Fair treatment in storage of agricultural products
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-7/section-247-fair-treatment-in-storage-of-agricultural-products--b7131d8d25.md
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Source location: Title 7, Chapter 10, § 247; chapter-010-warehouses.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section242/h/2&num=0&edition=prelim), 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 elec
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 250
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Federal law — U.S. Code and appendices · legal_authorities
**(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), 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: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 245
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 254
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Federal law — U.S. Code and appendices · legal_authorities
Page 359
TITLE 7—AGRICULTURE
§ 248
product are not established under another Fed-
eral law, the Secretary may establish standards
for the evaluation or determination of the qual-
ity or value of the agricultural product under
this chapter.
(Aug. 11, 1916, ch. 313, pt. C, § 5, as added Pub. L.
106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2064.)
Editorial Notes
PRIOR PROVISIONS
A prior section 244, acts Aug. 11, 1916, ch. 313, pt. C,
§ 4, 39 Stat. 486; Mar. 2, 1931, ch. 366, § 1, 46 Stat. 1463, au-
thorized licensing of warehousemen, prior to the gen-
eral 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.
§ 245. Bonding and other financial assurance re-
quirements
(a) In general
As a condition of receiving a license or ap-
proval under this chapter (including regulations
promulgated under this chapter), the person ap-
plying 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 ap-
proved.
(b) Service of process
To qualify as a suitable bond or other finan-
cial assurance under subsection (a), 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 in-
sufficient, the Secretary may suspend or revoke
the license
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