7 U.S.C. § 251 — Conditions for delivery of agricultural

Page 361 TITLE 7—AGRICULTURE § 253 (7) Option for non-federally licensed ware- house 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 elec- tronic documents in accordance with this chapter. (8) Application to State-licensed warehouse op- erators This subsection shall not apply to a ware- house operator that is licensed under State law to store agricultural commodities in a warehouse in the State if the warehouse oper- ator elects— (A) not to issue electronic receipts author- ized under this subsection; or (B) to issue electronic receipts authorized under State law. (Aug. 11, 1916, ch. 313, pt. C, § 11, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2065.) Editorial Notes PRIOR PROVISIONS A prior section 250, acts Aug. 11, 1916, ch. 313, pt. C, § 8, 39 Stat. 487; Mar. 2, 1931, ch. 366, § 3, 46 Stat. 1463, au- thorized designation as bonded warehouse upon filing of bond and approval by Secretary, prior to the general amendment of this chapter by Pub. L. 106–472. A prior section 11 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 252 of this title, prior to the general amendment of this chapter by Pub. L. 106–472. § 251. Conditions for delivery of agricultural products (a) Prompt delivery In the absence of a lawful excuse, a warehouse operator shall, without unnecessary delay, de- liver the agricultural product stored or handled in the warehouse on a demand made by— (1) the holder of the receipt for the agricul- tural product; or (2) the person that deposited the product, if no receipt has been issued. (b) Payment to accompany demand Prior to delivery of the agricultural product, payment of the accrued charges associated with the storage of the agricultural product, includ- ing satisfaction of the warehouseman’s lien, shall be made if requested by the warehouse op- erator. (c) Surrender of receipt When the holder of a receipt requests delivery of an agricultural product covered by the re- ceipt, the holder shall surrender the receipt to the warehouse operator, in the manner pre- scribed by the Secretary, to obtain the agricul- tural product. (d) Cancellation of receipt A warehouse operator shall cancel each re- ceipt returned to the warehouse operator upon the delivery of the agricultural product for which the receipt was issued. (Aug. 11, 1916, ch. 313, pt. C, § 12, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2067.) Editorial Notes PRIOR PROVISIONS A prior section 251, acts Aug. 11, 1916, ch. 313, pt. C, § 10, 39 Stat. 487; Mar. 2, 1931, ch. 366, § 5, 46 Stat. 1464; Pub. L. 97–35, title I, § 158(a)(1), Aug. 13, 1981, 95 Stat. 375, authorized fee for warehouse examination, inspec- tion, and licensing, prior to the general amendment of this chapter by Pub. L. 106–472. See section 243 of this title. A prior section 12 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 253 of this title, prior to the general amendment of this chapter by Pub. L. 106–472. § 252. Suspension or revocation of licenses (a) In general After providing notice and an opportunity for a hearing in accordance with this section, the Secretary may suspend or revoke any license issued, or approval for an activity provided, under this chapter— (1) for a material violation of, or failure to comply, with any provision of this chapter (in- cluding regulations promulgated under this chapter); or (2) on the ground that unreasonable or exor- bitant charges have been imposed for services rendered. (b) Temporary suspension The Secretary may temporarily suspend a li- cense or approval for an activity under this chapter prior to an opportunity for a hearing for any violation of, or failure to comply with, any provision of this chapter (including regulations promulgated under this chapter). (c) Authority to conduct hearings The agency within the Department that is re- sponsible for administering regulations promul- gated under this chapter shall have exclusive authority to conduct any hearing required under this section. (d) Judicial review (1) Jurisdiction A final administrative determination issued subsequent to a hearing may be reviewable only in a district court of the United States. (2) Procedure The review shall be conducted in accordance with the standards set forth in section 706(2) of title 5. (Aug. 11, 1916, ch. 313, pt. C, § 13, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2067.) Editorial Notes PRIOR PROVISIONS A prior section 252, acts Aug. 11, 1916, ch. 313, pt. C, § 11, 39 Stat. 487; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, § 6, 46 Stat. 1464, authorized license to classify, grade, or weigh agricultural products, prior to the general amendment of this chapter by Pub. L. 106–472. See section 242 of this title. A prior section 13 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 254 of this title, prior to the general amendment of this chapter by Pub. L. 106–472. § 253. Public information (a) In general The Secretary may release to the public the names, addresses, and locations of all persons—