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pdfUnited States Department of Agriculture
Farm Service Agency
WA-401
LICENSING AGREEMENT
FOR
COTTON WAREHOUSE OPERATORS
WA-401
U. S. DEPARTMENT OF AGRICULTURE
Farm Service Agency
United States Warehouse Act
(09-01-04)
License Number
Form Approved - OMB No. 0560-0120
Effective Date
LICENSING AGREEMENT FOR COTTON WAREHOUSE OPERATORS
Table of Contents
Definitions ..................................................................................................................................................
1
Qualifications.............................................................................................................................................
A.
Good Business Reputation .............................................................................................................
B.
Facilities .........................................................................................................................................
C.
Personnel ........................................................................................................................................
3
3
3
3
III. Financials ...................................................................................................................................................
A.
Financial Requirements ..................................................................................................................
B.
Financial Reporting ........................................................................................................................
C.
Accepting Other Financial Statements ...........................................................................................
D.
Special Cases – Assets....................................................................................................................
4
4
5
5
5
IV. Financial Assurance ..................................................................................................................................
A.
Computation ...................................................................................................................................
B.
Acceptable Forms...........................................................................................................................
5
5
5
I.
II.
V.
Duties of the Warehouse Operator ..........................................................................................................
A.
General ...........................................................................................................................................
B.
Fair Treatment ................................................................................................................................
C.
Insurance ........................................................................................................................................
D.
Business Hours ...............................................................................................................................
E.
System of Accounts........................................................................................................................
F.
Reports ...........................................................................................................................................
G.
Records...........................................................................................................................................
H.
Schedule of Charges .......................................................................................................................
I.
Scales and Weighing ......................................................................................................................
J.
Drawing of Samples .......................................................................................................................
K.
Arrangement of Stored Cotton .......................................................................................................
L.
Inspections and Examinations of Warehouse .................................................................................
M.
Removal of Cotton from Storage....................................................................................................
N.
Excess Storage and Transferring Cotton ........................................................................................
6
6
8
8
9
9
10
10
10
11
12
12
13
13
13
VI. Warehouse Receipts ..................................................................................................................................
A. General .................................................................................................................................................
1. Issuance..................................................................................................................................
2. Persons Authorized to Sign....................................................................................................
3. Return of Warehouse Receipts...............................................................................................
B.
Paper Warehouse Receipts .............................................................................................................
1. Single Bale.............................................................................................................................
2. Multiple Bale .........................................................................................................................
3. Copies of Paper Warehouse Receipts ....................................................................................
4. Printing of Paper Warehouse Receipts...................................................................................
5. Details on Printing of Paper Warehouse Receipts .................................................................
6. Lost or Destroyed Paper Warehouse Receipts ......................................................................
7. Canceled Paper Warehouse Receipts .....................................................................................
15
15
15
15
15
16
16
18
20
20
20
20
21
WA-401 (09-01-04)
Table of Contents (Continued)
VI. Warehouse Receipts (Continues) .............................................................................................................
C. Electronic Warehouse Receipts............................................................................................................
1. General...................................................................................................................................
2. Rights and Obligations...........................................................................................................
3. Data Requirements.................................................................................................................
21
21
22
22
VII. Service Licenses .........................................................................................................................................
A. The Warehouse Operator’s Responsibility...........................................................................................
B. Applicant’s Responsibility ...................................................................................................................
C. Duties of Licensed Sampler, Classifier, and Weigher..........................................................................
24
24
24
24
VIII. Weight Certificates ..................................................................................................................................
25
IX. Cotton Classification...................................................................................................................................
A. Official Cotton Standards of the United States ....................................................................................
B. Access to Cotton Standards..................................................................................................................
26
26
26
X. Cotton Classing Appeals ..............................................................................................................................
26
XI. Dispute Resolution and Arbitration .........................................................................................................
26
XII. Fines and Penalties ....................................................................................................................................
26
XIII. Warehouse Operator Failures, Defaults – Remedies............................................................................
A. DACO May Initiate Suspension, Revocation and Liquidation ............................................................
B. Suspension, Revocation and Liquidation In Accordance With 7 CFR Part 735.8 ...............................
C. The Warehouse Operator May Request Cancellation and Liquidation ................................................
D. DACO May Seize, Liquidate and Recover ..........................................................................................
E. Bankruptcy ...........................................................................................................................................
F. Order of Claims....................................................................................................................................
27
27
27
27
27
27
27
XIV. Fees ........................................................................................................................................................
28
WA-401 (09-01-04)
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Licensing Agreement for Cotton Warehouse Operators
As a condition of initial and continued licensing under the United States Warehouse Act (USWA), administered by
the Deputy Administrator for Commodity Operations (DACO), Farm Service Agency (FSA), United States
Department of Agriculture (USDA), the Warehouse Operator agrees to the terms and conditions set forth in this
Agreement, the regulations found at 7 CFR Part 735 and the Statute found at 7 U.S.C. 241 et seq.
No person may represent themselves as licensed under the USWA unless holding an un-suspended or un-revoked
license under the USWA.
Any person engaged in the business of Warehouse Operator but not licensed under USWA is barred from
participation in or benefit from any USWA activity or its claimants from any of USWA protections or coverages.
To the extent that the USWA, the regulations at 7 CFR Part 735, this Agreement and addenda conflict with the laws,
regulations, or practices of various states, localities or municipalities, the USWA, regulations at 7 CFR Part 735, this
Agreement and addenda prevail.
The following are included by reference:
United States Warehouse Act (7 U.S.C. 241 et seq)
Public Law 106-472 “The Grain and Warehouse Improvement Act of 2000” (the Act)
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended
United States Cotton Standards Act ( 7 U.S.C. 51)
I.
Definitions
Business Day. A calendar day excluding Saturdays, Sundays, or Federal holidays.
Central Filing System (CFS). An electronic system operated and maintained by a provider, as a disinterested
third party, authorized by DACO where information relating to warehouse receipts, USWA documents and
other electronic documents is recorded and maintained in a confidential and secure fashion independent of any
outside influence or bias in action or appearance.
Certificate. A USWA document that bears specific assurances under the USWA or warrants a person to
operate or perform in a certain manner and sets forth specific responsibilities, rights, and privileges granted to
the person under the USWA.
Control of the Facility. The Warehouse Operator's ultimate responsibility for the operation and integrity of the
warehouse storage facility by ownership, lease, or operating agreement.
Conveyance. The individual means of transportation (truck, railroad car, unit train, barge, or vessel) used in
receiving or shipping cotton.
Current assets. Assets, including cash, that are reasonably expected to be realized in cash or sold or consumed
during the normal operating cycle of the business or within one year if the operating cycle is shorter than one
year.
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Current liabilities. Those financial obligations which are expected to be satisfied during the normal operating
cycle of the business or within one year if the operating cycle is shorter than one year.
Crop Year. The calendar year in which cotton is planted.
Electronic Document. Any document that is generated, sent, received, or stored by electronic, optical, or
similar means, including, but not limited to, electronic data interchange, advanced communication methods,
electronic mail, telegram, telex, or telecopy.
Electronic Warehouse Receipt (EWR). A warehouse receipt that is authorized by DACO to be issued or
transmitted under the USWA in the form of an electronic document.
Examiner. The individual designated by DACO for the purpose of examining warehouses or for any other
activities authorized under the USWA.
Financial Assurance. The surety bond or other financial obligation authorized by DACO that is a condition of
receiving a license or authorization under the USWA.
Force majeure. Those severe weather conditions, fire, explosion, flood, earthquake, nuclear incident, nuclear
reaction, nuclear radiation, radioactive contamination, insurrection, riot, strike, labor dispute, acts of terrorism,
act of civil or military, non-availability of transportation facilities, or any other cause beyond the control of the
Warehouse Operator that renders performance impossible.
Holder. The person that has possession in fact or by operation of law of a warehouse receipt, USWA electronic
document, or any electronic document.
Licensed sampler, classifier and weigher. A person licensed under the USWA to sample, classify and/or
weigh and certificate the grade or other class and weight of cotton stored at a cotton warehouse licensed under
the USWA.
Load Out. Removing the cotton from the warehouse and loading the cotton into a conveyance.
Net Worth. When liabilities are subtracted from allowable assets, it is the balance amount. In determining
allowable assets, credit may be given for appraisal of real property less improvements and for the appraisal of
insurable property such as buildings, machinery, equipment, and merchandise inventory only to the extent that
such property is protected by insurance against loss or damage by fire, lightning, and other risk. Such insurance
must be in the form of lawful insurance policies issued by insurance companies authorized to do such business
and subject to service of process in the State in which the warehouse is located. DACO will determine what
assets are allowable and under what conditions appraisals may be used.
Non-storage cotton. Those transit bales received temporarily into a warehouse for conditioning, transferring or
assembling for shipment, or specific lots of cotton moving through a warehouse for current merchandising or
mill use, against which no warehouse receipts are issued and no storage charges assessed.
Open Storage Cotton. Cotton stored in the warehouse belonging to others which are not warehouse receipted
or company owned.
Reconcentrated or consolidated cotton. Those bales received into licensed storage space from one or more
outside locations for the purpose of shipping such cotton as one unit, block or load.
Schedule of Charges. The public tariff or uniform rate or amount charged by the Warehouse Operator for
specific services offered or rendered under the USWA.
WA-401 (09-01-04)
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Schedule of Fees. Those fees charged and assessed by FSA for licensing or services furnished under the
USWA to help defray the costs of administering the USWA.
Storage cotton. Cotton received into, stored in, or delivered out of the warehouse which are not classified as
non-storage.
Transit cotton. Those bales remaining less than 14 calendar days, that are unloaded into and reloaded from
licensed storage space as a stop over point during transport from one destination to another.
Warehouse Capacity. The maximum quantity of cotton that the warehouse will accommodate when stored in
a manner customary to the warehouse, as determined by DACO.
Warehouse Operator. A person licensed under the USWA who owns or manages a cotton warehouse.
Warehouse Receipt. A receipt, either negotiable or nonnegotiable, issued by the Warehouse Operator that
evidences title to the cotton received by the Warehouse Operator for storage in their USWA licensed space,
including an EWR.
II. Qualifications
In general, licensees under the USWA are expected to have (each the following characteristics):
A. Responsible persons and organizations, with a good business reputation, who:
1.
are in the business of public warehousing.
2.
have adequate financial resources to operate their business, and
3.
have knowledge of and experience in generally accepted warehousing practices for cotton.
B. Have facilities that:
1.
are physically and operationally suitable for the protection of cotton in store,
2.
allow for the accurate and efficient weighing, sampling, and inspection of the cotton in store, and
3.
are within the control, extending to the immediate surrounding environment, of the Warehouse
Operator.
C. Have personnel available that:
1.
have knowledge and experience in weighing, sampling, and inspection of cotton,
2.
are able to assist the FSA warehouse examiner with examinations, and
3.
have integrity, good judgement and proven performance.
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III. Financials
A. Financial Requirements.
1.
2.
The Warehouse Operator agrees to have and maintain (each of the following):
a.
total net worth of at least the amount obtained by multiplying $10.00 by the maximum
number of bales that the warehouse accommodates when stored in the manner customary to
each warehouse up to a maximum of $250,000.00 per State included under any one license;
however, no person may be licensed or remain licensed as a Warehouse Operator unless that
person has minimum allowable net worth of at least $25,000.00. (Any deficiency in net worth
above the $25,000.00 minimum may be supplied by an increase in the amount of the financial
assurance). The Warehouse Operator need not have in excess of $250,000.00 allowable net
worth unless required by DACO.
b.
total allowable current assets equal to or exceeding total current liabilities or evidence
acceptable to DACO that funds will be and remain available to meet current obligations.
If the Warehouse Operator licenses or applies for a license to operate multiple warehouses, the
maximum capacity of all licensed warehouses will be the capacity considered in determining
whether the Warehouse Operator meets the net worth requirements.
B. Financial Reporting
1.
The Warehouse Operator agrees to provide annually, within 90 calendar days of their fiscal year
end, or more frequently if required, to DACO, financial statements from the Warehouse Operator's
records prepared according to generally accepted accounting principles. DACO may grant one 30
calendar day extension to provide a financial statement.
2.
The required financial statements must include (each of the following but not be limited to):
a.
a balance sheet,
b.
a statement of income (profit and loss),
c.
a statement of retained earnings, and
d.
a statement of cash flows.
3.
Authorized representatives for the Warehouse Operator must certify under penalty of perjury that
the statements, as prepared, accurately reflect the financial condition of the Warehouse Operator
as of the date designated and fairly represent the results of operations for the period designated.
4.
The Warehouse Operator must have the required financial statements, reviewed or audited by a
certified public accountant or an independent public accountant as approved by DACO. Audits by
independent certified public accountants and independent public accountants must be made in
accordance with standards established by the American Institute of Certified Public Accountants.
The accountant's certification, assurances, opinion, comments, and notes on this statement, must
be furnished along with the financial statements.
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C. Accepting Other Financial Statements
The Warehouse Operator may meet the financial and reporting requirements of Sections A and B,
subject to DACO approval, with any of the following:
1.
consolidated financial statements of parent companies that separately identify the financial
position of the Warehouse Operator as subsidiaries, or
2.
guaranty agreements from parent companies submitted on behalf of wholly-owned subsidiaries if
parent companies submit financial statements which meet the Sections A and B requirements, or
3.
guaranty agreements accompanied by audit level financial statements meeting the Sections A and
B requirements of an entity with substantial interest in a Warehouse Operator.
D. Special Cases – Assets
Subject to such terms and conditions as DACO may prescribe and for the purposes of determining
allowable assets, appraisals of the value of fixed assets in excess of the book value claimed in the
financial statement submitted by a Warehouse Operator to conform with the requirements may be
allowed if each of the following conditions are met:
1.
The appraisals are prepared by independent appraisers and according to established appraisal
criteria acceptable to DACO, and
2.
The assets are fully insured against casualty loss.
IV. Financial Assurance
A. Computation
The Warehouse Operator agrees (to each of the following):
1.
to furnish financial assurance computed at the rate of ten dollars ($10.00) per bale for the
maximum number of bales that the warehouse accommodates when stored in the manner
customary to the warehouse as determined by DACO up to a maximum of two hundred fifty
thousand dollars ($250,000.00) per State, but not less than twenty thousand dollars ($20,000.00) in
each State, and
2.
to furnish additional financial assurance if DACO finds that conditions exist which warrant
requiring additional financial assurance.
B. Acceptable Forms.
The Warehouse Operator may offer as financial assurance any of the following:
1.
a Warehouse Operator’s surety bond,
2.
a deposit with DACO of United States bonds, United States Treasury notes, or other public debt
obligations of the United States or obligations that are unconditionally guaranteed as to both
interest and principal by the United States subject to each of the following restrictions:
WA-401 (09-01-04)
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a.
the obligation deposited will NOT be considered a part of the Warehouse Operator's assets,
b.
any deficiency in allowable net worth above the $25,000.00 minimum may be offset by the
Warehouse Operator furnishing acceptable financial assurance for the difference,
c.
the deposit may be replaced or continued in the required amount from year to year, and
d.
the deposit will not be released until one year after cancellation or revocation of the license
that it supports or until satisfaction of any claim against the deposit, whichever is later or
approved by DACO.
3.
4.
a letter of credit issued to DACO, on a form approved by DACO, and each of the following
apply:
a.
for a period of not less than two years to coincide with the period of any deposit of
obligations,
b.
must be irrevocable, issued by a commercial bank payable to DACO, FSA by sight draft and
insured by the Federal Deposit Insurance Corporation or by an institution in good standing
regulated by the Farm Credit Administration, and
c.
the deposit will not be considered an asset of the company.
other forms of financial assurance as may be deemed acceptable by DACO.
V. Duties of the Warehouse Operator
A. General
The Warehouse Operator agrees, unless prevented from doing so by force majeure, to (each of the
following):
1.
exercise, at all times, such care in regard to cotton in custody as a reasonably careful owner would
exercise under the same circumstances and conditions and not handle or store it in a manner that
would damage or degrade it,
2.
not differentiate among depositors regarding use of and access to services, except that available
storage space may be allocated,
3.
attach [if not already present] an identification tag to each bale, of a quality acceptable to DACO.
These tags will contain a number, be attached in an orderly manner and clearly distinguishable
from one another,
4.
assure that all cotton accepted for storage is stored in licensed storage space,
5.
accept for storage only storable bales of cotton,
6.
not store fire damaged cotton in contact with cotton that has not been so damaged,
7.
keep the warehouse reasonably clean at all times and free of materials that will create a hazard or
interfere with the handling of cotton, provide a safe environment in and around the warehouse,
WA-401 (09-01-04)
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8.
maintain the warehouse(s) in sound physical condition consistent with good warehousing
practices,
9.
provide all necessary assistance in the execution of inspections and examinations by FSA
warehouse examiners,
10. maintain sufficient inventory as evidenced by outstanding storage obligations,
11. deliver, unless prevented from doing so by force majeure, stored cotton without unnecessary
delay,
a.
The Warehouse Operator will be considered to have delivered cotton without unnecessary
delay, if, for the week in question, the Warehouse Operator has delivered or staged for
scheduled delivery at least 4.5 percent of either:
i.
their licensed storage capacity, or
ii. Commodity Credit Corporation (CCC) approved storage capacity or other storage
capacity as determined by DACO to be in effect during the relevant week of shipment.
b.
The Warehouse Operator will resolve any claim for noncompliance with the cotton shipping
standard or any other dispute in a court of competent jurisdiction or through mutually agreed
upon arbitration procedures. The arbitration procedures will be nondiscriminatory and
provide equal access and protection relating to the cotton shipping standard.
12. license all facilities controlled by them at a specific location unless those facilities are specifically
exempted by DACO,
13. have a written security plan that includes measures to protect cotton handled and stored under this
Agreement,
14. conduct a facility vulnerability assessment and establish procedures that address (each of the
following):
a.
general security of the physical structures and grounds of the warehouse,
b.
shipping and receiving procedures to ensure that cotton is not subject to tampering,
c.
action to be taken in the event of a national emergency, and
d.
contact information for local security authorities.
15. post certificates of licensing, and make available current tariffs and rules,
16. maintain, at all times, legal and operational control of all licensed storage space,
17. report, immediately, the occurrence of a disaster or loss and the extent of damage to DACO,
18. update inventory and insurance records upon receiving or shipping cotton and transmit the
updated information to their provider, if applicable, that reflects changes and activities in their
obligations,
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19. not redeliver, ship or remove any cotton from licensed storage space based on written or oral
orders from the current holder or other lawful person without the warehouse operator first being
made the final holder of the EWR, having physical possession of the paper receipt or other
document of release for such cotton,
20. prohibit any warehouse receipt or warehouse record to remain outstanding and uncanceled for
any cotton shipped or removed from licensed storage space and no longer stored by the
warehouse operator, and
21. assure that the warehouse inventory and warehouse receipt records are in balance and agreement
before the close of the next business day.
B. Fair Treatment
1.
2.
The Warehouse Operator agrees to deal in a fair and reasonable manner with persons storing, or
seeking to store, cotton in their warehouse if (each of the conditions is met):
a.
tendered to the warehouse in a suitable condition for warehousing, and
b.
tendered in a manner consistent with the ordinary and usual course of business.
The Warehouse Operator may enter into agreements with depositors to allocate available storage
space.
C. Insurance
1.
Requirements
The Warehouse Operator agrees to (each of the following):
a.
secure, in their own name, insurance on stored cotton against loss or damage by sprinkler
malfunction, fire, lightning, windstorm, cyclone, tornado or inherent explosion and other
risk under forms of policies which automatically attach for the full replacement value of
stored cotton, as soon as such cotton is placed in their legal custody, and continue such
insurance in effect so long as the cotton remains in their legal custody. Arrangements
between the Warehouse Operator and insurers concerning deductibles are acceptable as
long as any loss is covered in full by the insurer.
b.
keep a general insurance account showing the policy number, issuing company, amount
binding, and expiration dates of all insurance policies and in each instance show the
property covered by such policies. These insurance policies may be issued by one or
more insurance companies.
c.
submit such reports to underwriters as may be required under the terms of such policies,
d.
submit copies of such reports to DACO as required,
e.
show, in their rules and schedule of charges, to be posted at all delivery points, the
conditions under which the cotton will be insured against loss or damage by sprinkler
malfunction, fire, lightning, windstorm, cyclone, tornado or inherent explosion and other
risk, and
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f.
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give DACO written notice, not less than 30 calendar days, before their insurer(s) intends
cancellation of their stock (inventory) coverage or warehouse facility coverage if it is
claimed as a financial asset.
D. Business Hours
The Warehouse Operator agrees to the following:
1.
be open for the purpose of receiving cotton for storage and delivering cotton out of storage and for
settlement purposes every normal business day for a period of not less than six hours between the
hours of 8 a.m. and 6 p.m.,
2.
post their business hours at the public entrance to both the office and licensed warehouse, or
3.
post notice, in case the warehouse is not to be kept open as required, the period during which the
warehouse is to be closed and the name, the address, and telephone number of the person who will
be authorized to receive and deliver cotton stored in the warehouse.
E. System of Accounts
The Warehouse Operator agrees to (each of the following):
1.
have and maintain a system of accounts approved by DACO. These records must include (each
of the following):
a.
Bale tag numbers,
b.
Distinguishing mark or identifier,
c.
Weight,
d.
Location of the cotton bale in the warehouse,
e.
Date received for storage,
f.
Date delivered out of storage, and
g.
Warehouse receipts issued and canceled, if applicable.
2.
maintain records that enable cross check of bale tag number with a warehouse receipt,
3.
maintain a detailed set of records of money received and disbursed,
4.
maintain a record of insurance policies taken out and canceled,
5.
maintain all records accurately and concisely as activity occurs, and
6.
retain these records for a period of six years after December 31 of the year in which they were
created, and for such longer period as may be necessary for the purposes of any litigation which
the Warehouse Operator knows to be pending, or as may be required by DACO in particular cases
to carry out the purposes of the USWA.
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F. Reports
The Warehouse Operator agrees to (each of the following):
1.
make such reports requested by DACO, on forms prescribed and furnished by FSA, concerning
the condition, contents, operation, and business of the warehouse, and
2.
keep on file an exact copy of each report submitted as a part of the records of the warehouse, for a
period of six years after December 31 of the year in which submitted.
G. Records
The Warehouse Operator agrees to (each of the following):
1.
back up electronic records daily,
2.
provide, unless an alternative is approved by DACO, at least a fireproof safe, a fireproof vault, or
a fire-resistant compartment in which to keep, when not in use, all records, books, back up records
and papers pertaining to the licensed warehouse,
3.
retain each canceled paper warehouse receipt for a period of six years after December 31 of the
year in which the paper warehouse receipt is canceled and for such longer period as may be
necessary for the purposes of any litigation which the Warehouse Operator knows to be pending,
or as may be required by DACO in particular cases to carry out the purposes of the USWA, and
4.
arrange canceled paper warehouse receipts in numerical order and otherwise in such manner as
may be directed, for purposes of audit, by DACO.
H. Schedule of Charges
The Warehouse Operator must (do each of the following):
1.
not make any unreasonable or exorbitant charge for services rendered,
2.
file, with DACO, a copy of their rules and schedule of charges to be assessed depositors before a
license to conduct a warehouse is granted under the USWA,
3.
post, conspicuously, where the depositor may access it at all delivery points, a copy of their
current rule and schedule of charges,
4.
file an amended schedule of charges and of their rule changes, if any, with DACO at or before the
beginning of each season. The cotton season will commence not later than September 1 of each
year, as the operator of the warehouse will select, and will notify DACO in writing not less than
10 calendar days preceding the date selected, and
5. file with DACO a new rule statement or schedule of charges before making any permanent change
in such rules or schedule of charges. No increase in their charges or rates shown in schedule of
charges will apply to cotton in storage at the time the changes become effective for a period of one
(1) year from the date deposited.
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The Warehouse Operator may (do any of the following):
I.
6.
demand payment of all accrued charges at the close of each cotton season. If, upon demand, the
owner of the cotton refuses to pay such charges at the end of a season, action may be taken to
enforce collection of its charges as permitted by the laws of the State in which the warehouse is
located, or
7.
enter into special arrangements regarding service rates and rules with depositors subject to the
approval of DACO.
Scales and Weighing
The Warehouse Operator agrees to (each of the following):
1.
equip the warehouse with scales and have them annually inspected and certified by any applicable
regulatory or independent authority, and so arranged that all cotton, whether for storage or for
non-storage purposes, can be weighed in and out of the warehouse. If rejected by the regulatory
authority, any weighing apparatus must not thereafter be used in ascertaining the weight of cotton
for the purposes of this USWA license, until such rejection is withdrawn,
2.
weigh, by a weigher licensed under the USWA, cotton that comes into the warehouse. The
weights must be certified,
3.
weigh cotton, alternatively, at the gin, with DACO approval, in which case each of the following
apply,
a.
the use of gin originating weights requires the Warehouse Operator's control of the scales
used to weigh cotton bales,
b.
those gin scales must be annually inspected and certified as accurate by any applicable
regulatory or independent authority. If rejected by the regulatory authority, any weighing
apparatus must not thereafter be used in ascertaining the weight of cotton for the purposes of
this USWA license, until such rejection is withdrawn,
c.
a copy of the inspection report must be maintained at the warehouse office for the FSA
warehouse examiner's review,
d.
the scales must be checked by the Warehouse Operator for accuracy on a routine basis, and
e.
a copy of the USWA certificate of license of the person(s) licensed to perform weighing,
sampling or similar service at the gin for the Warehouse Operator must be posted at the point
of service,
4.
use, upon agreement with the depositor, point of origin weights for single bale or lot stored cotton.
Any point of origin weights shown on a warehouse receipt will be the official warehouse bale or
lot weight, and
5.
preserve the individual and collective identity of lot cotton tendered for storage on which a
multiple bale warehouse receipt is issued during storage and shipment. If such lot is broken at the
warehouse for the issuance of new receipts, each bale will be weighed at the warehouse by a
licensed weigher before single bale warehouse receipts are issued.
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J.
Drawing of Samples
The Warehouse Operator agrees (to each of the following):
K.
1.
persons will be licensed under the USWA to draw samples from any cotton stored or to be stored
in the licensed warehouse,
2.
samples will be drawn if the owner of such cotton or any person having a legal right to have such
cotton sampled requests that service, as directed by DACO,
3.
samplers will perform their duties under the Warehouse Operator’s supervision,
4.
samples shall consist of two portions, each portion taken from opposite sides of the bale and
drawn manually from between the ties (or bands). Each portion should be approximately 6 to 12
inches (150 – 300 mm) long and approximately 6 inches (150 mm) wide and should have
approximately the same mass. The total sample submitted for testing should weigh approximately
8 ounces ( 225 grams), and be identified with a tag (coupon) rolled between the sides giving the
bale number as prescribed by Agricultural Marketing Service (AMS) guidelines or other
procedures recognized by DACO, and
5.
each sample will be appropriately marked to show the tag number, mark, or identifier of the bale
of cotton from which it was drawn.
Arrangement of Stored Cotton
The Warehouse Operator agrees to (each of the following):
1.
store each bale of cotton received under the USWA in a manner acceptable to DACO,
2.
store cotton in a lot or lots without regard to visibility of all tags on bales, if necessary and if each
lot originally contained two or more bales. If a negotiable multiple bale receipt is issued, each
bale entering into a lot must bear an individual bale identification and must be stored so that the
number of bales within the lot may be accurately determined, and
3.
affix or mark, conspicuously, for lot cotton an individual lot identification showing the lot
number and the number of bales in the lot to each lot of cotton. After identifying the lot, the
Warehouse Operator will (do each of the following):
a.
maintain an office record showing the bale or tag number, mark, or identifier of each bale in
the lot and the location of the lot in the warehouse,
b.
arrange each lot to be readily distinguishable from each and every other lot, and
c.
disassemble stacks or lots of cotton at the request of a FSA warehouse examiner engaged in
making an examination of the warehouse as deemed necessary to conduct a proper
examination. This activity will be at the Warehouse Operator’s expense.
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4.
5.
L.
when utilizing any block piling storage of cotton, the Warehouse Operator will (each of the
following):
a.
notify the insurance underwriter of block piling storage and obtain written authorization and
consent to insure such storage,
b.
obtain DACO's written approval for block piling, and
c.
disassemble block piled cotton for which single bale receipts have been or are to be issued at
the request of a FSA warehouse examiner when making an examination of the warehouse.
arrange stored cotton so as not to obstruct free access and the proper operation of the sprinkler or
other fire protection equipment.
Inspections and Examinations of Warehouse
The Warehouse Operator agrees: (each of the following)
1.
that the USDA has the legal authority to unrestricted access to the physical plant,
2.
to permit anyone authorized by USDA to enter and inspect or examine, on any business day
during the usual hours of business, any warehouse for which they hold a license,
3.
the books, records, papers, and accounts and the contents thereof relating to the license are subject
to inspection, and
4.
to furnish the USDA representative the assistance necessary to conduct an inspection or
examination.
M. Removal of Cotton from Storage
Except as may be permitted by law or 7 CFR Part 735, the Warehouse Operator must not
remove any cotton, from storage, from the licensed warehouse or a part thereof, if by such
removal the insurance thereon will be impaired, without first obtaining the consent in writing
of the holder of the receipt or lawful owner. Under no other circumstances, unless it becomes
absolutely necessary to protect the interests of holders of receipts or lawful owners, will
cotton be removed from the warehouse, and immediately upon any such removal the
Warehouse Operator will notify DACO of such removal and the necessity therefor.
N. Excess Storage and Transferring Cotton
1.
The Warehouse Operator may, under certain circumstances, transfer cotton by physical movement
to another receiving warehouse. For the purposes of this paragraph a receiving warehouse is (any
of the following):
a.
an active USWA licensed cotton warehouse, or
b.
a public cotton warehouse currently licensed by a State regulatory authority which has
financial, bonding, and examination requirements for the benefit of depositors, or
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c.
2.
a warehouse holding a Commodity Credit Corporation (CCC) approved Cotton Storage
Agreement (CSA) in a State without a regulatory licensing program for public cotton
warehouses.
The Warehouse Operator agrees to (do each of the following):
a.
notify, immediately, DACO in writing, by FAX or e-mail, if the number of bales they store
exceeds the licensed capacity of the warehouse and of the location of the storage,
b.
if physically transferring cotton to a receiving warehouse (do each of the following):
i.
ensure that a notice is present in their rules and schedule of charges that the Warehouse
Operator may transfer cotton according to conditions prescribed by DACO,
ii. obtain written permission from DACO, by FAX or e-mail, at least one business day in
advance of movement,
iii. transfer all cotton bales in lots and list them by number and weight on a shipping
document,
iv. obtain permission from CCC if cotton is owned by CCC or pledged as collateral for a
CCC marketing assistance loan,
v.
obtain from the receiving warehouse a non-negotiable warehouse receipt or certified
deposit affidavit executed stating, “Held in Trust for Depositors of (name of warehouse)“,
as depositor, for all transferred cotton. A copy of the corresponding bill of lading for
each lot of warehouse receipted or stored cotton which has been transferred,
vi. retain a storage obligation to the depositor of, lawful owner of or holder of warehouse
receipt for cotton originally deposited in their warehouse and, unless otherwise specified
in item vii. below, be prepared to redeliver the cotton bales deposited upon demand of the
depositor, lawful owner or holder or their agent, at the place where the cotton was first
deposited for storage,
vii. expect the depositor, lawful owner, holder or agent to make final settlement and take
delivery of the storage obligation at the place where the cotton was first deposited for
storage unless, with the consent of both, the transferring - shipping Warehouse Operator
and the receiving Warehouse Operator, the depositor, lawful owner, holder or agent
elects to take delivery at the warehouse to which the cotton was transferred, and
viii. increase financial assurance to cover physically transferred cotton to another warehouse.
3.
The receiving warehouse will (do each of the following):
a.
not further transfer transferred cotton,
b.
not incur storage obligations in excess of the licensed or approved capacity of that
warehouse,
c.
fully insure the transferred cotton,
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4.
d.
promptly issue a non-negotiable warehouse receipt or certified deposit affidavit for each lot
of cotton stored and attach a copy of the corresponding bill of lading to each receipt and
return the receipt/affidavit promptly to the shipping Warehouse Operator, and
e.
store each such lot in accordance with part IV K of this Agreement.
The cotton covered by non-negotiable warehouse receipts and affidavits of certified deposit is not
the property of either the shipping or receiving Warehouse Operator but held in trust solely for the
benefit of depositors or lawful owners whose cotton was transferred individually or collectively
and for which they or their agent retain title.
VI. Warehouse Receipts
A. General
1.
2.
Issuance - The Warehouse Operator agrees to (each of the following):
a.
issue warehouse receipts for any cotton received or stored in a warehouse at the request of a
depositor or lawful owner,
b.
replace lost or destroyed warehouse receipts in accordance with 7 CFR Part 735, and
c.
not issue a warehouse receipt when another warehouse receipt representing the same specific
cotton is outstanding. For warehouse receipts issued under this license, no two receipts issued
by the Warehouse Operator may have the same receipt number.
Persons Authorized to Sign Warehouse Receipts
The Warehouse Operator must (do each of the following):
3.
a.
file with DACO, the name and genuine, facsimile, or electronic signature of the person
authorized to sign warehouse receipts for the Warehouse Operator,
b.
promptly notify DACO of any changes as to persons authorized to sign, file the genuine,
facsimile, or electronic signature of such person, and will be bound by such signatures the
same as if the Warehouse Operator had personally signed the receipt, and
c.
agree that file signatures legally bind the Warehouse Operator.
Return of Warehouse Receipts Prior to Delivery
The Warehouse Operator agrees to deliver cotton (under each of the following conditions):
a.
for which they have issued a negotiable receipt only after the receipt has been returned and
canceled before the close of the next business day, and
b.
which they have issued a non-negotiable receipt only after the receipt has been returned.
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B. Paper Warehouse Receipts
1.
Single Bale Warehouse Receipts
The Warehouse Operator agrees that (each of the following apply):
a. every single bale warehouse receipt, whether negotiable or non-negotiable, issued for cotton
stored in a licensed warehouse must, in addition to complying with the requirements of Section
11 of the Act, embody within its written or printed terms or data fields, each of the following:
i.
the name of the Warehouse Operator and the designation, if any, of the warehouse,
ii. the location of the warehouse (city and state) in which the cotton is stored,
iii. the Warehouse Operator’s license number,
iv. the CCC CSA code number, if applicable,
v.
the date of issue of the receipt,
vi. the number of the receipt,
vii. a statement whether the cotton received will be delivered to the bearer, to a specified
person, or their order,
viii. the rate of storage charges,
ix. storage charges paid through date, if applicable,
x.
receiving charges paid or due, if applicable,
xi. the tag identifier given each bale of cotton,
xii. bale location in the warehouse, if applicable,
xiii. a statement conspicuously placed, that the cotton is insured by the Warehouse Operator
against loss or damage by sprinkler malfunction, fire, lightning, windstorm, cyclone,
tornado or inherent explosion, or other risk,
xiv. In the event the relationship existing between the Warehouse Operator and any depositor
is not that of a strictly disinterested custodianship, a statement setting forth the actual
relationship,
xv. a space designated for the grade and/or other classification, and the standard or
description in accordance with 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 cotton as the same may be 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,
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xvi.
a statement indicating that the weight was determined by a weigher licensed under the
USWA, except that if at the request of the depositor, the weight is not so determined or
if the point of origin weight was determined as permitted the receipt shall contain a
statement to that effect,
xvii.
a description of the cotton received, showing the quantity thereof, or, in case of cotton
customarily put in bales or packages, a description of such bales or packages by marks,
numbers, or other identification and the weight of such bales or packages,
xviii. a statement that the receipt is issued in accordance with the USWA, its regulations and
licensing agreements,
xix.
crop year,
xx.
the words "Not Negotiable," or "Negotiable," according to the nature of the receipt
clearly and conspicuously noted thereon. Every negotiable warehouse receipt issued
must, in addition to conforming with the requirements of paragraph (a), embody within
its written or printed terms, a form of endorsement which may be used by the
depositor, holder, lawful owner or their authorized agent, for showing the ownership of
the cotton covered by the receipt,
xxi.
if issued showing the Warehouse Operator as owner, either solely or jointly or in
common with others, the fact of such ownership,
xxii.
the signature of the Warehouse Operator, which may be made by their authorized
agent,
xxiii. a statement whether the Warehouse Operator is incorporated or unincorporated, and if
incorporated, under what laws,
xxiv. a statement that, except when an expiration date authorized by USDA is shown on the
face of the negotiable receipt, every negotiable receipt issued for cotton stored in a
licensed warehouse shall be effective until surrendered for delivery of the cotton,
xxv.
a statement that, except when an expiration date authorized by USDA is shown on the
face of the non-negotiable receipt, every non-negotiable receipt shall be effective until
surrendered for delivery of the cotton or until all cotton covered by the receipt has been
delivered in response to proper delivery orders of the person rightfully entitled to the
cotton,
xxvi. nothing contained in this section shall prohibit a Warehouse Operator from legally
selling the cotton when the accrued storage and other charges approach the current
market value of the cotton, and
xxvii. other information as may be required.
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2.
b.
In addition to complying with paragraph (a) of this section, if classing is included in a
negotiable receipt issued for cotton stored in a licensed warehouse it must embody within its
terms a statement identifying who classed the cotton and their authority to perform such
services. The classification or other factors will be based upon a cotton sample consists of
two portions. Each portion taken from opposite sides of the bale and drawn manually from
between the ties (or bands). Each portion should be approximately 6 to 12 inches (150 – 300
mm) long and approximately 6 inches (150 mm) wide and should have approximately the
same mass. The total sample for classing should weigh approximately 8 ounces ( 225 grams).
Each sample must be representative of the bale from which drawn. Samples must not be
dressed or trimmed and will be handled carefully in such manner as not to cause loss of leaf,
sand, or other material, or otherwise change their representative character. Any sample which
does not meet these requirements may be rejected,
c.
If, at the request of the depositor, a Warehouse Operator issues a receipt omitting the
statement of grade, such receipt shall have clearly and conspicuously stamped or written on
the face thereof, or included as part of the paper warehouse receipt, the following: “Not
graded upon the request of the depositor,”
d.
If the Warehouse Operator issues a warehouse receipt omitting any information not required
to be stated, for which a blank space is provided in the form of the receipt, a line will be
drawn through such space to show that such omission has been made purposely or “ILB”
(Intentionally Left Blank) entered in the data field, and
e.
A warehouse receipt may contain additional information, provided that this information does
not interfere with the information required.
Multiple Bale Warehouse Receipts
The Warehouse Operator agrees that each of the following apply:
a. Every multiple bale warehouse receipt, whether negotiable or non-negotiable issued for cotton
stored in a licensed warehouse must, in addition to complying with the requirements of
Section 11 of the Act, embody within its written or printed terms or data fields each of the
following:
i.
the name of the Warehouse Operator and the designation, if any, of the
warehouse,
ii.
the location of the warehouse (city and state) in which the cotton is stored,
iii. the Warehouse Operator’s license number,
iv. the CCC CSA code number, if applicable,
v.
the issuance date of the receipt,
vi. the number of the receipt,
vii. a statement whether the cotton received will be delivered to the bearer, to a specified
person, or to a specified person or their order, if applicable,
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viii.
the rate of storage charges,
ix.
lot location in the warehouse, if applicable,
x.
a statement conspicuously placed, that the cotton is insured by the Warehouse Operator
against loss or damage by sprinkler malfunction, fire, lightning, windstorm, cyclone,
tornado or inherent explosion, or other risk,
xi.
in the event the relationship existing between the Warehouse Operator and any
depositor is not that of a strictly disinterested custodianship, a statement setting forth
the actual relationship,
xii.
a statement indicating that the weight was determined by a weigher licensed under the
USWA, except that if at the request of the depositor, the weight is not so determined or
if the point of origin weight was determined as permitted, the receipt shall contain a
statement to that effect,
xiii.
the bale number, gross, tare weight, net weight, and crop year for each bale if the
receipt is negotiable,
xiv.
the total gross, total tare, total net weight and the total number of bales if the receipt is
non-negotiable. A tag list must be attached with each bale number and its weight,
xv.
a statement that the receipt is issued in accordance with the USWA, its regulations and
licensing agreements,
xvi.
the words "Not Negotiable," or "Negotiable," according to the nature of the receipt
clearly and conspicuously noted thereon. Every negotiable warehouse receipt issued
must, in addition to conforming with the requirements of paragraph (a), embody within
its written or printed terms, a form of endorsement which may be used by the
depositor, holder, lawful owner or their authorized agent, for showing the ownership of
the cotton covered by the receipt,
xvii. a statement indicating whether the receipt is issued for cotton of which the Warehouse
Operator is owner, either solely or jointly or in common with others,
xviii. the signature of the Warehouse Operator, which may be made by their authorized
agent, and
xix.
a statement whether the Warehouse Operator is incorporated or unincorporated, and if
incorporated, under what laws.
NOTICE: The Warehouse Operator, upon request of the holder, may issue a new warehouse
receipt for previously warehouse receipted cotton, the receipt for which has been
canceled. The balance warehouse receipt must show the number and issuance
date of the original warehouse receipt.
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3.
Copies of Paper Warehouse Receipts
The Warehouse Operator agrees that at least one copy of all warehouse receipts must be made
and, except skeleton and microfilm copies, have clearly and conspicuously printed or stamped
on the face the words “Copy – Not Negotiable”.
4.
Printing of Paper Warehouse Receipts
The Warehouse Operator agrees to issue only paper warehouse receipts that are printed (each
of the following apply):
5.
a.
in a form prescribed by DACO,
b.
by a printer with whom DACO has an agreement and bond for such printing, and
c.
on distinctive paper tinted in a manner specified in the agreement with the printer.
Details on the Printing of Paper Warehouse Receipts
The Warehouse Operator agrees that they (each of the following apply):
a.
will order warehouse receipts on a form provided by DACO.
b.
will proofread the order for errors and omissions.
c.
will pay the printer in a timely manner.
6. Lost or Destroyed Paper Warehouse Receipts
a.
The Warehouse Operator may issue a new warehouse receipt subject to the same terms
and conditions, and bearing on its face the number and the date of the original receipt
when presented with the case of a lost or destroyed warehouse receipt.
b.
Before issuing a replacement warehouse receipt, Warehouse Operators must require the
holder, lawful person or other person applying therefor to make and file with the
Warehouse Operator (each of the following):
i.
an affidavit showing (each of the following):
(a) that the holder is lawfully entitled to the possession of the original warehouse
receipt,
(b) that the holder has not negotiated or assigned it,
(c) how the original receipt was lost or destroyed, and
(d) if lost, that diligent effort has been made to find the warehouse receipt without
success.
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ii. an assurance, in the form of a bond or personal guarantee, equal to an amount double
the value of the cotton represented by the lost or destroyed paper warehouse receipt.
This assurance will be in a form approved by DACO and conditioned to indemnify
the Warehouse Operator against any loss sustained by reason of the issuance of this
warehouse receipt. The assurance may be (either of the following):
(a) a bond, issued by a surety company. Such company must be authorized to do
business, and be subject to administration of process in a suit on the bond, in the
State in which the warehouse is located, unless a variance is granted by DACO,
or
(b) a personal guarantee, made by at least 2 individuals who are residents of the
state and each of whom owns real property therein having a value, in excess of
all exemptions and encumbrances, equal to the amount of the bond.
7.
Canceled Paper Warehouse Receipts
The Warehouse Operator agrees to make available all canceled receipts for auditing as
requested by DACO.
C. Electronic Warehouse Receipts
1.
General - The Warehouse Operator, when choosing the option to issue Electronic Warehouse
Receipts (EWRs) instead of paper warehouse receipts for cotton stored in their warehouse,
agree to (each of the following):
a
issue EWRs only through a provider approved by DACO,
b.
inform DACO of the identity of their provider 60 calendar days in advance of issuing
EWRs through that provider. DACO may waive or modify this 60-day requirement as
set forth under 7 CFR Part 735.
c.
issue warehouse receipts initially as EWRs,
d.
cancel EWRs only when they are the holder of the warehouse receipt(s),
e.
correct information on the EWR in accordance with the applicable provider agreement,
f.
request and receive from DACO a range of consecutive warehouse receipt numbers
which the Warehouse Operator will use consecutively for issuing their EWRs before
issuing any EWRs, and
g.
receive written approval from DACO at least 30 calendar days before changing
providers. Upon approval a Warehouse Operator may request their current provider to
transfer their EWR data from its Central Filing System (CFS) to the CFS of the approved
provider whom they select. The Warehouse Operator must notify all holders of EWRs by
inclusion in the CFS at least 30 calendar days before changing providers, unless
otherwise required or allowed by DACO. The Warehouse Operator may only change
providers once a year.
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2.
Rights and Obligations
The Warehouse Operator will ensure that an issued EWR establishes the same rights and
obligations with respect to the cotton as a paper warehouse receipt, and possess each of the
following attributes:
3.
a.
the person identified as the holder of a EWR will be entitled to the same rights and
privileges as the holder of a paper warehouse receipt,
b.
only the current holder of the EWR may transfer the EWR to a new holder,
c.
the identity of the holder must be included as required information for every EWR,
d.
an EWR will only designate one entity as a holder at any one time,
e.
an EWR may only be issued to replace a paper receipt if requested by the current holder
of the paper warehouse receipt and with the surrender of the paper warehouse receipt,
f.
allow a holder the option to authorize any other user of a provider to act on their behalf
with respect to their activities with their provider. This authorization must be in writing,
acknowledged, and retained by the provider, and
g.
only the current EWR holder may request a paper warehouse receipt in lieu of a EWR.
Data Requirements
a.
Every single bale electronic warehouse receipt, whether negotiable or non-negotiable,
issued for cotton stored in a licensed warehouse must, in addition to complying with the
requirements of Section 11 of the Act and Section VI (A) and (B), (C)(1) and (2) of this
Agreement, embody within its written or printed terms each of the following:
i.
the holder of the receipt,
ii. received from,
iii. receipt status,
iv. receipt type (single bale or multiple bale),
v.
cancellation date (if the receipt has been canceled),
vi. paper receipt number, (if applicable),
vii. compression status,
vi. compression paid or unpaid, (if applicable),
ix. gin code (only negotiable receipts - in case of transit cotton bales this element can be
the previous storing warehouse code),
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x.
gin tag ( in case of transit cotton bales this element can be the previous storing
warehouse receipt number),
xi. rail or truck, (if applicable),
xii. license type, US for USWA Licensees will precede or follow the warehouse receipt
number.
b.
Every multiple bale warehouse receipt, whether negotiable or non-negotiable, issued for
cotton stored in a licensed warehouse must, in addition to complying with the
requirements of Section 11of the Act and Section V (B)(2) of this Agreement, embody
within its written or printed terms each of the following:
i.
the holder of the receipt,
ii. received from,
iii. receipt status,
iv. receipt type (single bale or multiple bale),
v.
cancellation date (if the receipt has been canceled),
vi. paper receipt number (if applicable),
vii. compression status,
viii. compression paid or unpaid, (if applicable),
ix. gin code (only negotiable receipts - in case of transit cotton bales, this element can
be the previous storing warehouse code),
x.
gin tag (only negotiable receipts - in case of transit cotton bales, this element can be
the previous storing warehouse receipt number),
xi. rail or truck, (if applicable),
xii. license type, US if USWA Licensee will precede or follow the warehouse receipt
number,
xiii. the bale number, gross, tare weight, net weight, and crop year for each bale if the
receipt is negotiable, and
xiv. the total gross, total tare, total net weight and the total number of bales if the receipt
is non-negotiable. A tag list must be attached with each bale number and its weight.
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VII. Service Licenses
No person will in any way represent themselves to be a sampler, classifier, and/or weigher licensed under the
USWA unless holding an un-suspended and un-revoked license issued to that person under the USWA.
A. Warehouse Operator’s Responsibility
The Warehouse Operator is responsible for each of the following:
1.
having at least one person licensed to perform needed services for the warehouse,
2.
posting the certificate of license for all licensees, and
3.
notifying the Kansas City Commodity Office (any of these):
a.
when a licensee discontinues service to the warehouse, or
b.
when a licensee is no longer used by the Warehouse Operator.
B. Applicant’s Responsibility
The Applicant for service licensing under the USWA:
1.
2.
must make application to DACO for license to sample, classify and weigh cotton on forms
furnished by FSA. Each application must (each criteria must be met):
a.
be signed by the applicant,
b.
be certified by a statement from the Warehouse Operator that the applicant is competent and
authorized to perform the duties of a licensed sampler, classifier and/or weigher,
c.
be certified by the Warehouse Operator that the applicant can correctly sample and/or
classify cotton in accordance with the Official Standards of the United States,
d.
be certified by the Warehouse Operator that the applicant can correctly weigh cotton, and
e.
furnish such additional information as requested by DACO.
may be required to submit to an examination or test to show ability to properly sample, classify
and/or weigh cotton and also make available for inspection copies of the standards of sampling,
classifying or the weighing apparatus, used or to be used.
C. Duties of the Sampler, Classifier and Weigher
Each sampler, classifier and weigher whose license remains in effect must (do each the following as
they apply):
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1.
classify or weigh and certificate the class or weight, respectively, of cotton stored or to be stored
in the licensed warehouse to which the license applies without discrimination, as soon as
practicable, upon reasonable terms, if such cotton is offered under such conditions as permit the
proper performance of such functions; except that no class or weight certificate need be issued
when the class or weight so determined is entered on a receipt by the licensed classifier or weigher
making the determination,
2.
sample cotton when requested, stored or to be stored in the licensed warehouse for which they
hold a license, in accordance with the standards set forth in the regulations at 7 CFR Part 28. No
class or weight certificate will be issued under the USWA, for cotton not in the custody of the
Warehouse Operator for purposes of storage. Cotton not in the custody of the Warehouse
Operator for such purpose may be sampled by a licensed sampler,
3.
keep the license certificate to sample, classify and/or weigh conspicuously posted at the place
where those duties are performed or as directed by DACO,
4.
permit any USDA authorized person to inspect or examine, on any business day during the usual
hours of business, their books, papers, records, and accounts relating to the performance of their
duties under the USWA and assist any such officer or agent in the inspection or examination as far
as it relates to the performance of the duties of such sampler, classifier or weigher under the
USWA,
5.
keep for a period of one year, in a place accessible to interested parties, a copy of each certificate
issued and file the certificate with the warehouse in which the cotton covered by the certificates is
stored, and
6.
in addition to meeting the requirements in 1 through 5 of this Sub-Section shall be subject to
suspension or revocation under conditions described in Section XII. “Warehouse Operator
Failures, Defaults - Remedies”.
VIII. Weight Certificates
A. Each weight certificate issued under the USWA by a licensed weigher must be in a form approved by
DACO, and include each of the following information within its terms:
1.
the caption “United States Warehouse Act, Cotton Weight Certificate,”
2.
whether it is an original, a duplicate, or other copy, and that it is not negotiable,
3.
the name and location of the warehouse in which the cotton is or is to be stored,
4.
the date of the certificate,
5.
the consecutive number of the certificate,
6.
the location of the cotton at the time of weighing,
7.
the identification of each bale of cotton by the tag number given to the bale in accordance with this
Agreement or if there is no such tag number by other marks or numbers,
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8.
the gross, or net and tare, weight of the cotton and a statement of such condition that is materially
affecting its weight which may be added to the weigher’s estimate of the number of pounds which
should be allowed for such condition,
9.
A statement that the certificate is issued by a weigher licensed under the USWA, and
10. The signature of the licensed weigher.
B. In addition to the provisions of paragraph A, the weight certificate may include any other matter not
inconsistent with the USWA or 7 CFR Part 735 provided the authorization of the DACO is first
secured.
IX. Cotton Classification
A. Official Cotton Standards of the United States
The official cotton standards, established and promulgated under the United States Cotton Standards
Act are hereby adopted as the official cotton standards for the purposes of the USWA and
7 CFR Part 735.
B. Access to the Cotton Standards
The Warehouse Operator and each licensed classifier will maintain, or have access to, a set of the
official cotton standards of the United States, or such parts thereof as DACO may deem necessary for
use in the locality in which the licensed warehouse is located.
X. Cotton Classing Appeals
If an appeal of the classing is made, the Warehouse Operator will assist in accordance with the standards set
forth in the regulations at 7 CFR Part 28 and administered by the AMS.
XI. Dispute Resolution and Arbitration
A. A person may initiate legal action in any court of competent jurisdiction concerning a claim for
noncompliance or an unresolved dispute with respect to activities authorized under the USWA.
B. Any claim for noncompliance or an unresolved dispute between a Warehouse Operator or provider and
another party with respect to activities authorized under the USWA may be resolved by the parties
through mutually-agreed upon arbitration procedures.
C. In no case will DACO provide assistance or representation to parties involved in an arbitration
proceeding arising with respect to activities authorized under the USWA.
XII. Fines and Penalties
The Warehouse Operator and their employees are subject to the provisions of criminal and civil fraud statutes
that apply to making a false certification or statement, illegal conversion or removal of cotton from USWA
licensed space, fraudulent adjustments or correction, and concealment of operational or financial condition and
as such may be punishable by imprisonment, fines, and other penalties including but are not limited to the
following: 18 U.S.C. 286, 287, 371, 641, 651, 1001, and 1014; and 31 U.S.C. 3729.
WA-401 (09-01-04)
Page 27 of 29
XIII. Warehouse Operator Failures, Defaults - Remedies
A. DACO may initiate suspension or revocation of a Warehouse Operator's license and liquidation of
cotton storage:
1.
In the event of (any of these):
a.
failure to (do any of these):
i.
perform services required in this Agreement,
ii. maintain minimum financial requirements,
iii. provide proper financial statements, or
iv. maintain control of the warehouse,
b.
commission of a fraudulent act.
B. Suspension, revocation and liquidation are taken in accordance with the adverse determination rules in
7 CFR Part 735 which provide for hearing.
C. The USWA Warehouse Operator may request cancellation of their license and, if appropriate,
liquidation of obligations, in which case their USWA license will be revoked and liquidation
accomplished if appropriate.
D. Upon a finding of failure, or Warehouse Operator's request, or commission of a fraud, DACO may
(take any of these actions):
1.
seize and take possession of any of the following:
a.
any cotton within the facilities licensed by the Warehouse Operator,
b.
all books and papers and property used in the operation of the warehouse.
2.
liquidate the cotton inventory,
3.
recover necessary expenses for these close out procedures.
E. Bankruptcy
Certain terms and conditions of this Agreement may be subject to the authority of a Federal
Bankruptcy Court’s jurisdiction regarding the disbursement of liquidated inventory proceeds and
associated expenses and charges.
F. Should a liquidation become necessary, depositors or lawful owners will receive their claims in the
following order:
1.
Warehouse receipted and verifiable un-receipted storage obligations claims,
2.
Disputed storage obligation claims,
WA-401 (09-01-04)
Page 28 of 29
XIV.
3.
Lien holder claims for warehouse charges, and
4.
Warehouse owned claims
Fees
FSA is authorized to collect fees to cover the administration of the warehouse activities. The rates of fees
are set by DACO. All fees collected under this Agreement will be credited to the account that incurs the
costs of administering the warehousing activities and are available without further appropriation and
without regard to fiscal year concerns. A schedule showing the current fees or any fee changes is provided
as an addendum to this Agreement. The fees for the cotton warehouse and related service licenses are
detailed in the attached addendum.
NOTE: Fees remaining unpaid subject the Warehouse Operator to suspension or revocation of their
license.
WA-401 (09-01-04)
Page 29 of 29
This Agreement forms a part of license number
for
License Number
at
Warehouse Operator
Licensed Location (s)
and is effective this
of
Day
Month
Year
Warehouse Operator
By
Date (MM-DD-YYYY)
For Farm Service
Agency
By
Please sign this form and return it to:
Kansas City Commodity Office
Warehouse License and Examination Division
Mail Stop 9148
Post Office Box 419205
Kansas City, Missouri 64141-6205
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act of 1995, as amended. The authority for
requesting the following information is the regulations at 7 CFR Part 735. The information will be used to complete the terms of a license and contract between the warehouse
operator and the Deputy Administrator, Commodity Operations. Furnishing the requested information is voluntary, and no penalty will be imposed for failure to respond.
However, a response is required in order to be considered for a warehouse license (7 U.S.C. 242). This information will not be disclosed outside of the U.S. Department of
Agriculture except as required for law to the Department of Justice and to the Department of Treasury. This information may be provided to other agencies, IRS, Department of
Justice, or other State and Federal law enforcement agencies, and in response to a court magistrate or administrative tribunal. The provisions of criminal and civil fraud
statutes, including 18 U.S.C. 286, 287, 371, 641, 651, 1001; 1014, and 31 U.S.C. 3729, may be applicable to the information provided.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it
displays a valid OMB control number. The valid OMB control number for this information collection is 0560-0120. The time required to complete this information collection is
estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. RETURN THIS COMPLETED FORM TO THE KANSAS CITY COMMODITY OFFICE, POST OFFICE BOX 419205,
KANSAS CITY, MO 64141-6205.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability,
political beliefs, sexual orientation, and martial or family status. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for
communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of
discrimination, write USDA, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, S.W. , Washington, D.C. 20250-9410 or call (202) 720-5964
(voice or TDD). USDA is an equal opportunity provider and employer.
WA-401 (09-01-04)
ADDENDUM I
FEES
Fee Table - Cotton Warehouse Operators
United States Warehouse Act
Effective October 1, 2000
License
Action
Fee
$ 80
Service
License
Fee
$ 35
Inspection
Fee
$16 per
1,000 Bales
of Capacity
MIN $160
MAX $1600
*CSA = CCC Cotton Storage Agreement
ANNUAL USER FEES
Capacities
(bales)
Range
User Fee
With
CSA*
Without
CSA
1
20,000
$560
$1,115
20,001
40,000
730
1,460
40,001
60,000
895
1,790
60,001
80,000
1,125
2,245
80,001
100,000
1,400
2,800
100,001
120,000
1,680
3,355
120,001
140,000
1,955
3,915
140,001
160,000
2,240
4,475
In excess
of
160,000
B/C
$2,240
plus $60
per 5,000
b/c over
160,000
or
fraction
thereof
$4,475
plus $110
per 5,000
b/c over
160,000
or
fraction
thereof
| File Type | application/pdf |
| File Title | Microsoft Word - WA0401.doc |
| Author | Erica Robinson |
| File Modified | 2004-11-26 |
| File Created | 2004-11-22 |