Chapter 106. To amend sections 2, 5, 11, 12, 15, 19, 29, and 30 of the United States Warehouse Act, approved August 11, 1916
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CHAP. 106.— An Act To amend sections 2, 5, 11, 12, 15, 19, 29, and 30 of the United States Warehouse Act, approved August 11, 1916. February 23, 1923.[[S. 3220](/us/bill/67/s/3220).][[Public, No. 436](/us/pl/67/436).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Warehouse Act Amendments.Vol. 39, p. 486, amended. That section 2 of the United States Warehouse Act, approved August 11, 1916, is amended to read as follows:
" “Sec. 2. Terms construed.“Warehouse.” That the term ‘ warehouse ’ as used in this Act shall be deemed to mean every building, structure, or other protected inclosure in which any agricultural product is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the United States, in which Limitation omitted.any agricultural product is or may be stored. As used in this Act, ‘ “Person.”person ’ includes a corporation or partnership or two or more “Warehouseman.”persons having a joint or common interest; ‘ warehouseman ’ means a person lawfully engaged in the business of storing agricultural “Receipt.”products; and ‘receipt’ means a warehouse receipt.
” " Vol. 39, p. 486, amended. That section 5 of the United States Warehouse Act, approved August 11, 1916, is amended to read as follows: " “Sec. 5. Termination of licenses, modified. That each license issued under sections four and nine of this Act shall terminate as therein provided, or in accordance with the terms of this Act and the regulations thereunder, and may from time to time be modified or extended by written instrument.” " 1283 That section 6 of the United States Warehouse Act, approved Vol. 39, p. 486, amended.August 11, 1916, is amended to read as follows:
" “Sec. 6 That each warehouseman applying for a license to conduct Bond to be filed by warehouseman.Requirements modified.Vol. 41, p. 266.Conditions.a warehouse in accordance with this Act shall, as a condition to the granting thereof, execute and file with the Secretary of Agriculture a good and sufficient bond to the United States to secure the faithful performance of his obligations as a warehouseman under the laws of the State, District, or Territory in which he is conducting such warehouse, as well as under the terms of this Act and the rules and regulations prescribed hereunder, and of such additional obligations as a warehouseman as may be assumed by him under contracts with the respective depositors of agricultural products in such warehouse.
Said bond shall be in such form and Sureties, terms, etc.amount, shall have such surety or sureties, subject to service of process in suits on the bond within the State, District, or Territory in which the warehouse is located, and shall contain such terms and conditions as the Secretary of Agriculture may prescribe to carry out the purposes of this Act, and may, in the discretion of the Secretary of Agriculture, include the requirements of fire insurance. Whenever the Secretary of Agriculture shall determine that a bond Additional bond.approved by him is, or for any cause has become, insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section, and unless the same be given within the time fixed by a written demand therefor the license of such warehouseman may be suspended or revoked.
” " That section 11 of the United States Warehouse Act, approved Vol. 39, p. 487, amended.August 11, 1916, is amended to read as follows: " “Sec. 11. That the Secretary of Agriculture may upon presentation Licenses to inspectors, classifiers, and weighers.of satisfactory proof of competency, issue to any person a license to inspect, sample or classify any agricultural product or products, stored or to be stored in a warehouse licensed under this Act, according to condition, grade or otherwise and to certificate the condition, grade or other class thereof, or to weigh the same and certificate the weight thereof, or both to inspect, sample or classify and weigh the same and to certificate the condition, grade or other class and the weight thereof, upon condition that such person agree Conditions.to comply with and abide by the terms of this Act and of the rules and regulations prescribed hereunder so far as the same relate to him.
” " That section 12 of the United States Warehouse Act, approved Vol. 39, p. 487, amended.August 11, 1916, is amended to read as follows: " “Sec. 12. That any license issued to any person to inspect, sample Suspension or revocation of licenses, after hearings.or classify or to weigh any agricultural product or products under this Act may be suspended or revoked by the Secretary of Agriculture Causes.whenever he is satisfied, after opportunity afforded to the licensee concerned for a hearing, that such licensee has failed to inspect, sample, or classify or to weigh any agricultural product or products correctly, or has violated any of the provisions of this Act or of the rules and regulations prescribed hereunder, so far as the same may relate to him, or that he has used his license or allowed it to be used for any improper purpose whatever.
Pending investigation, Temporarily, without hearing.the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily without hearing.” " That section 15 of the United States Warehouse Act, approved Vol. 39, p. 488, amended.August 11, 1916, is amended to read as follows: " “Sec. 15. That any fungible agricultural product stored for Inspecting, etc., fungible products.interstate or foreign commerce, or in any place under the exclusive jurisdiction of the United States, in a warehouse licensed under 1284this Act shall be inspected and graded by a person duly licensed to grade the same under this Act.
” " Vol. 39, p. 488, amended. That section 18 of the United States Warehouse Act, approved August 11, 1916, is amended to read as follows: " “Sec. 18. Form of receipts. That every receipt issued for agricultural products Details required.stored in a warehouse licensed under this Act shall embody within its written or printed terms
(a)the location of the warehouse in which the agricultural products are stored;
(b)the date of issue of the receipt;
(c)the consecutive number of the receipt;
(d)a statement whether the agricultural products received will be delivered to the bearer, to a specified person, or to a specified person or Full description.his order;
(e)the rate of storage charges;
(f)a description of the agricultural products received, showing the quantity thereof, or, in case of agricultural products customarily put up in bales or packages, a description of such bales or packages by marks, numbers, or other means of identification and the weight of such bales Grade or class.or packages;
(g)the grade or other class of the agricultural products received and the standard or description in accordance with *Provisos*.Official standard to be given.which such classification has been made: *Provided*, That such grade or other class shall be stated according to the official standard of the United States applicable to such agricultural products as the same may be fixed and promulgated under authority of law: *Provided further*, Temporary acceptance of recognized standards.That until such official standards of the United States for any agricultural product or products have been fixed and promulgated, the grade or other class thereof may be stated in accordance with any recognized standard or in accordance with such rules and regulations not inconsistent herewith as may be prescribed by the Secretary of Agriculture;
(h)a statement that the receipt is issued subject to the United States Warehouse Act and the rules and regulations prescribed thereunder;
(i)if the receipt be issued for agricultural products of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such Statement of advances.ownership;
(j)a statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien: *Provided*, Amount to be given, etc.That if the precise amount of such advances made or of such liabilities incurred be at the time of the issue of the receipt unknown to the warehouseman or his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof shall be sufficient;
(k)such other terms and conditions within the limitations of this Act as may be required by the Secretary of Agriculture; and
(l)the signature of the warehouseman, Omission of grade permitted.which may be made by his authorized agent: *Provided*, That unless otherwise required by the law of the State in which the warehouse is located, when requested by the depositor of other than fungible agricultural products, a receipt omitting compliance with To be marked as not negotiable.Vol. 41, p. 266.subdivision
(g)of this section may be issued: *Provided, however*, The Secretary of Agriculture may in his discretion require that such receipt have plainly and conspicuously embodied in its written or printed terms a provision that such receipt is not negotiable.” " That section 19 of the United States Warehouse Act, approved Vol. 39, p. 489, amended.August 11, 1916, is amended to read as follows: " “Sec. 19. Standards to be established and promulgated. That the Secretary of Agriculture is authorized, from time to time, to establish and promulgate standards for agricultural products by which their quality or value may be judged or determined: *Proviso*.Established by Congress, adopted as official.*Provided*, That the standards for any agricultural products which have been, or which in future may be, established by or under authority or any other act of Congress shall be, and are hereby, adopted for the purposes of this Act as the official standards of the United States for the agricultural products to which they relate.” " 1285 That section 29 of the United States Warehouse Act approved Vol. 39, p. 490, amended.August 11, 1916, is amended to read as follows: " Sec. 29. That nothing in this Act shall be construed to conflict State laws not impaired.with, or to authorize any conflict with, or in any way to impair or limit the effect or operation of the laws of any State relating to warehouses, warehousemen, weighers, graders, inspectors, samplers or classifiers; but the Secretary of Agriculture is authorized to cooperate Cooperation with State authorities directed.with such officials as are charged with the enforcement of such State laws in such States and through such cooperation to secure the enforcement of the provisions of this Act; nor shall this Operation of present Federal laws not affected.Act be construed so as to limit the operation of any statute of the United States relating to warehouses or warehousemen, weighers, graders, inspectors, samplers, or classifiers now in force in the District of Columbia or in any Territory or other place under the exclusive jurisdiction of the United States.” " That section 30 of the United States Warehouse Act, approved Vol. 39, p. 490, amended.August 11, 1916, is amended to read as follows: " “Sec. 30. That every person who shall forge, alter, counterfeit, Punishment for violations, etc.simulate, or falsely represent, or shall without proper authority use, any license issued by the Secretary of Agriculture under this Act, or who shall violate or fail to comply with any provision of section eight of this Act, or who shall issue or utter a false or fraudulent receipt or certificate, or any person who, without lawful authority, shall convert to his own use, or use for purposes of securing a Conversion of stored products.loan, or remove from a licensed warehouse contrary to this Act or the regulations promulgated thereunder, any agricultural products stored or to be stored in such warehouse and for which licensed receipts have been or are to be issued, shall be deemed guilty of a misdemeanor, Penalty increased.and upon conviction thereof shall be fined not more than $10,000, or double the value of the products involved if such double value exceeds $10,000, or imprisoned not more than one year, or both, in the discretion of the court, and the owner of the agricultural Reimbursement to owner.products so converted, used, or removed may, in the discretion of the Secretary of Agriculture, be reimbursed for the value thereof out of any fine collected hereunder, by check drawn on the Treasury at the direction of the Secretary of Agriculture, for the value of such products to the extent that such owner has not otherwise been reimbursed. That any person who shall draw with intent to Exhibiting false samples, etc.deceive a false sample of, or who shall willfully mutilate or falsely represent a sample drawn under this Act, or who shall classify, grade or weigh fraudulently, any agricultural products stored or to be stored under the provisions of this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof fined not more than $500 or imprisoned for not more than six months, or both, in the discretion of the court.” " Approved, February 23, 1923.