7 CFR 735.110 - Conditions for delivery of agricultural products.

Code of Federal Regulations - Title 7: Agriculture (December 2005)


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TITLE 7 - AGRICULTURE

SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE

CHAPTER VII - FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE

SUBCHAPTER C - REGULATIONS FOR WAREHOUSES

PART 735 - REGULATIONS FOR THE UNITED STATES WAREHOUSE ACT

subpart b - WAREHOUSE LICENSING

735.110 - Conditions for delivery of agricultural products.

  (a) In the absence of a lawful excuse, a warehouse operator will, without unnecessary delay, deliver the agricultural product stored or handled in the warehouse on a demand made by: (1) The holder of the warehouse receipt for the agricultural product; or (2) The person that deposited the agricultural product, if no warehouse receipt has been issued.

  (b) Prior to delivery of the agricultural product, payment of the accrued charges associated with the storage or handling of the agricultural product, including satisfaction of the warehouse operator's lien, must be made if requested by the warehouse operator.

  (c) When the holder of a warehouse receipt requests delivery of an agricultural product covered by the warehouse receipt, the holder must surrender the warehouse receipt to the warehouse operator before obtaining the agricultural product.

  (d) A warehouse operator must cancel each warehouse receipt surrendered to the warehouse operator upon the delivery of the agricultural product for which the warehouse receipt was issued and in accordance with the applicable licensing agreement.

  (e) For the purpose of this part, unless prevented from doing so by force majeure, a warehouse operator will deliver or ship such agricultural products stored or handled in their warehouse as prescribed in the applicable licensing agreement.

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