The Secretary shall have exclusive power, jurisdiction, and authority, to the extent that this chapter applies, with respect to-
The Secretary shall specify, after an opportunity for notice and comment, those agricultural products for which a warehouse license may be issued under this chapter.
The Secretary may investigate the storing, warehousing, classifying according to grade and otherwise, weighing, and certifying of agricultural products.
The Secretary may inspect or cause to be inspected any person or warehouse licensed under this chapter and any warehouse for which a license is applied for under this chapter.
The Secretary may determine whether a licensed warehouse, or a warehouse for which a license is applied for under this chapter, is suitable for the proper storage of the agricultural product or products stored or proposed for storage in the warehouse.
The Secretary may classify a licensed warehouse, or a warehouse for which a license is applied 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.
Subject to the other provisions of this chapter, the Secretary may prescribe the duties of a warehouse operator operating a warehouse licensed under this chapter with respect to the warehouse operator's care of and responsibility for agricultural products stored or handled by the warehouse operator.
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.
The Secretary shall not have the authority under this chapter to establish-
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-
The Secretary may issue to any warehouse operator a license for the operation of a warehouse in accordance with this chapter if-
On presentation of satisfactory proof of competency to carry out the activities described in this paragraph, the Secretary may issue to any person a Federal license-
As a condition of a license issued under paragraph (1), the licensee shall agree to comply with this chapter (including regulations promulgated under this chapter).
The Secretary may examine and audit, using designated officers, employees, or agents of the Department, all books, records, papers, and accounts relating to activities subject to this chapter of-
The Secretary may-
7 U.S.C. § 242
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 242, acts Aug. 11, 1916, ch. 313, pt. C, §2, 39 Stat. 486; Feb. 23, 1923, ch. 106, 42 Stat. 1282, defined terms, prior to the general amendment of this chapter by Pub. L. 106-472. See section 241 of this title.A prior section 3 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 243 of this title, prior to the general amendment of this chapter by Pub. L. 106-472.
- Department
- The term "Department" means the Department of Agriculture.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- agricultural product
- The term "agricultural product" means an agricultural commodity, as determined by the Secretary, including a processed product of an agricultural commodity.
- approval
- The term "approval" means the consent provided by the Secretary for a person to engage in an activity authorized by this chapter.
- 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.
- receipt
- The term "receipt" means a warehouse receipt issued in accordance with this chapter, including an electronic receipt.
- warehouse operator
- The term "warehouse operator" means a person that is lawfully engaged in the business of storing or handling agricultural products.
- 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.