Chapter 366. To amend sections 4, 6, 8, 9, 10, 11, 12, 25, 29, and 30 of the United States Warehouse Act, approved August 11, 1916, as amended
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CHAP. 366.— An Act To amend sections 4, 6, 8, 9, 10, 11, 12, 25, 29, and 30 of the United States Warehouse Act, approved August 11, 1916, as amended. March 2, 1931.([H. R. 7](/us/bill/71/hr/7).][[Public, No. 772](/us/pl/71/772).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 4 of Warehouse Act, amendments.Vol. 39, p. 486; Vol. 42, p. 1282, amended.[U. S. C., p. 107](/us/usc/107).Warehouseman’s license.Secretary of Agriculture may designate representative to perform ministerial duties concerning issue, etc., of.*Proviso.*Terms imposed.the United States Warehouse Act, approved August 11, 1916, as amended (U.
S. C., title 7, sec. 244), is amended to read as follows: " “Sec. 4. That the Secretary of Agriculture, or his designated representative, is authorized, upon application to him, to issue to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this Act and such rules and regulations as may be made hereunder: Provided, That each such warehouse be found suitable for the proper storage of the particular agricultural product or products for which a license is applied for, and that such warehouseman agree, as a condition to the granting of the license, to comply with and abide by all the terms of this Act and the rules and regulations prescribed hereunder.
” " Sec. 2. That section 6 of the United States Warehouse Act, Vol. 39, p. 486; Vol. 42, p. 1283, amended.[U. S. C., p. 108](/us/usc/108).approved August 11, 1916, as amended (U. S. C., title 7, sec. 247), is amended to read as follows: " “Sec. 6. That each warehouseman applying for a license to Bond to be filed by warehouseman.Conformity to State laws, eliminated.conduct 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 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 Surety, terms, etc.such form and 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 and/or other insurance. Whenever the Secretary of Agriculture, or his Additional bonds.Requirements for, may be determined by Secretary’s representative.designated representative, shall determine that a previously approved bond 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.
” " Sec. 3. That section 8 of the United States Warehouse Act of Vol. 39, p. 487, amended.[U. S. C., p. 108](/us/usc/108).August 11, 1916, as amended (U. S. C., title 7, sec. 250), is amended to read as follows: " “Sec. 8. That upon the filing with and approval by the Secretary Bonded warehouses.Secretary’s representative may authorize, etc.Restrictions.*Supra.*of Agriculture, or his designated representative, of a bond, in compliance with this Act, for the conduct of a warehouse, such warehouse may be designated as bonded hereunder; but no warehouse shall be designated as bonded under this Act, and no name or description conveying the impression that it is so bonded, shall be used, until a bond, such as provided for in section 6, has been filed 1464with and approved by the Secretary of Agriculture, or his designated representative, nor unless the license issued under this Act for the conduct of such warehouse remains unsuspended and unrevoked.
” " Sec. 4. Vol. 39, p. 487, amended.[U. S. C., p. 108](/us/usc/108). That section 9 of the United States Warehouse Act, approved August 11, 1916, as amended (U. S. C., title 7, sec. 248), is amended to read as follows: " “Sec. 9. Licenses to persons not warehousemen.Issue by designated representative authorized.Conditions. That the Secretary of Agriculture, or his designated representative, may, under such rules and regulations as he shall prescribe, issue a license to any person not a warehouseman to accept the custody of agricultural products, and to store the same in a warehouse or warehouses owned, operated, or leased by any State, upon condition that such person agree to comply with and abide by the terms of this Act and the rules and regulations prescribed hereunder.
Receipts required.Each person so licensed shall issue receipts for the agricultural products Bond.placed in his custody, and shall give bond, in accordance with the provisions of this Act, and the rules and regulations hereunder Conduct of business.affecting warehousemen licensed under this Act, and shall otherwise be subject to this Act, and such rules and regulations, to the same extent as is provided for warehousemen licensed hereunder.” " Sec. 5. Vol. 39, p. 487, amended.[U.
S. C., p. 108](/us/usc/108). That section 10 of the United States Warehouse Act, approved August 11, 1916, as amended (U, S. C., title 7, sec. 251), is amended to read as follows: " “Sec. 10. Examination or inspection charge.Classes added. That the Secretary of Agriculture, or his designated representative, may charge, assess, and cause to be collected a reasonable fee for every examination or inspection of a warehouse under this Act when such examination or inspection is made upon application of a warehouseman, and for each license issued to a warehouseman or to any person to classify, inspect, grade, sample, and/or weigh agricultural products stored or to be stored under the provisions of this Act, the Secretary of Agriculture, or his designated representative, may charge, assess, and cause to be collected a reasonable Deposit of fees.fee.
All such fees shall be deposited and covered into the Treasury as miscellaneous receipts.” " Sec. 6. Vol. 39, p. 487; Vol, 42, p. 12543, amended.[U. S. C., p. 108](/us/usc/108). That section 11 of the United States Warehouse Act, approved August 11, 1916, as amended (U. S. C., title 7, sec. 252), is amended to read as follows: " “Sec. 11. Inspectors, samplers, etc.Authority conferred on designated representative to license, etc. That the Secretary of Agriculture, or his designated representative, may upon presentation 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 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.
” " Sec. 7. Vol. 39, p. 487; Vol. 42, p. 1283, amended.[U. S. C., p. 108](/us/usc/108). That section 12 of the United States Warehouse Act, approved August 11, 1916, as amended (U. S. C., title 7, sec. 253), is amended to read as follows: " “Sec. 12. Suspension or revocation of inspector’s, etc., license.By Secretary’s representative, added. That any license issued to any person to inspect, sample, or classify, or to weigh any agricultural product or products under this Act may be suspended or revoked by the Secretary of Agriculture, or his designated representative, whenever he is satisfied, after opportunity afforded to the licensee concerned for a hearing, that Causes.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 rides and regulations pre1465scribed 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, the Secretary of Agriculture,Temporary suspension, without hearing. or his designated representative, whenever lie deems necessary, may suspend a license temporarily without hearing.” " Sec. 8. That section 25 of the United States Warehouse Act, Vol. 39, p. 490, amended.[U. S. C., p. 110](/us/usc/110).approved August 11, 1916, as amended (U. S. C., title 7, sec. 264), is amended to read as follows: " “Sec. 25. That the Secretary of Agriculture, or his Suspension or revocation of warehouseman’s license for violations, or for exorbitant charges, etc.designated representative, may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license to any warehouseman conducting a warehouse under this Act, for any violation of or failure to comply with any provision of this Act or of the rules and regulations made hereunder, or upon the ground that unreasonable or exorbitant charges have been made for services rendered.
Pending investigation, the Secretary of Agriculture, or Temporary suspensions, etc.his designated representative, whenever he deems necessary, may suspend a license temporarily without hearing.” " Sec. 9. That section 29 of the United States Warehouse Act, Vol. 39, p. 490; Vol. 42, p. 1285, amended.[U. S. C., p. 110](/us/usc/110).approved August 11, 1916, as amended (U. S. C., title 7, sec. 269), is amended to read as follows: " “Sec. 29. That in the discretion of the Secretary of Agriculture Cooperation with State authorities.he is authorized to cooperate with State officials charged with the enforcement of State laws relating to warehouses, warehousemen, weighers, graders, inspectors, samplers, or classifiers; but the power, Authority of Secretary hereunder.jurisdiction, and authority conferred upon the Secretary of Agriculture under this Act shall be exclusive with respect to all persons securing a license hereunder so long as said license remains in effect.
This Act shall not be construed so as to limit the operation of any Operation of existing laws not impaired.statute of the United States relating to warehouses or to 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.” " Sec. 10. That section 30 of the United States Warehouse Act, Vol. 39, p. 490; Vol. 42, p. 1285, amended.[U. S.
C., p. 110](/us/usc/110).approved August 11, 1916, as amended (U. S. C., title 7, sec. 270), is amended to read as follows: " “Sec. 30. That every person who shall forge, alter, counterfeit, Punishment for violations.*Supra.*simulate, or falsely represent, or shall without proper authority use, any license issued by the Secretary of Agriculture, or his designated representative, under this Act, or who shall violate or fail to comply with any provision of section 8 of this Act, or who shall issue orAltering receipt, etc., subsequent to issue, added. utter a false or fraudulent receipt or certificate, or change in any manner an original receipt or certificate subsequently to issuance by a licensee, or any person who, without lawful authority, shall convert to his own use, or use for purposes of securing a loan, or remove from a licensed warehouse contrary to this Act or the regulations Conversion of stored products.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, Punishment 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 ten years, or both, in the discretion of the court, and the owner of the agricultural products so converted, used, or removed may, in the discretion of the Secretary of Agriculture, be reimbursed for the value thereof Reimbursement to owner.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 deceive,Misrepresentations. a false sample of, or who shall willfully mutilate or falsely represent 1466a 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, March 2, 1931.