« AnteriorContinuar »
by the Administrator or Deputy Ad- (b) Copies of such materials may be ministrator or the Division Director obtained in person or by mail. Applicaresponsible for the function involved. ble fees for copies will be charged in ac(f) Prior delegations. All prior delega
cordance with the regulations pretions and redelegations of authority re- scribed by the Director of Information, lating to any function or activity cov- Office of Governmental and Public Afered by these delegations of authority fairs, USDA. shall remain in effect except as they are inconsistent herewith or are here
$ 204.5 Indexes. after amended or revoked. Nothing Pursuant to the regulations in 7.CFR herein shall affect the validity of any 1.4(b), the Grain Inspection, Packers action heretofore taken under prior and Stockyards Administration (Packdelegations or redelegations of author- ers and Stockyards Programs) will ity or assignment of functions.
maintain and make available for public (8) Reservations of authority. It is inspection and copying current indexes hereby reserved to the Administrator of all material required to be made and Deputy Administrator authority available in 7 CFR 1.2(a). Notice is with respect to proposed rulemaking hereby given that publication of these and final action for the issuance of reg- indexes is unnecessary and impractical, ulations (201.1 of this chapter et seq.), since the material is voluminous and rules of practice governing proceedings does not change often enough to justify ($ 202.1 of this chapter et seq.), and the expense of publication. statements of general policy (203.1 of this chapter et seq.), and the issuance of $ 204.6 Requests for records. moving papers as prescribed in the
(a) Requests for records under 5 rules of practice governing formal ad- U.S.C. 552(a)(3) shall be made in accordjudicatory administrative proceedings ance with 7 CFR 1.3(a). Authority to instituted by the Secretary (7 CFR part make determinations regarding initial 1, subpart H, $1.133); and the authority requests in accordance with 7 CFR to make final determinations in ac- 1.4(c) is delegated to the Freedom of Incordance with the provisions of 7 CFR formation Act Officer of the Grain Inpart 1, subpart A, as to the availability spection, Packers and Stockyards Adof official records and information ministration (Packers and Stockyards made or obtained in connection with Programs). Requests should be subthe administration of the Packers and mitted to the FOIA Officer at the folStockyards Act which are considered lowing address: Freedom of Informaexempt from disclosure under $204.7 of tion Act Officer (FOIA Request), Grain this part. Further, authority to issue Inspection, Packers and Stockyards subpoenas (7 U.S.C. 222 and 15 U.S.C. 49) Administration (Packers and Stockis reserved to the Administrator and yards Programs), United States DeDeputy Administrator.
partment of Agriculture, Washington,
DC 20250. $ 204.4 Public inspection and copying. (b) The request shall identify each
(a) Facilities for public inspection record with reasonable specificity as and copying of the indexes and mate
prescribed in 7 CFR 1.3. rials required to be made available (c) The FOIA Officer is authorized to under 7 CFR 1.2(a) will be provided by receive requests and to exercise the authe Grain Inspection, Packers and
thority to (1) make determination to Stockyards Administration (Packers grant requests or deny initial requests; and Stockyards Programs) during nor
(2) extend the administrative deadline; mal hours of operation. Requests for
(3) make discretionary release of exthis information should be made to the
empt records; and (4) make determinaFreedom of Information Act Officer,
tions regarding charges pursuant to Grain Inspection, Packers and Stock- the fee schedule. yards Administration (Packers and Stockyards Programs, United States
$ 204.7 Appeals. Department of Agriculture, Wash- Any person whose request under ington, DC 20250.
$ 204.6 of this part is denied shall have the right to appeal such denial in ac
DEFINITIONS cordance with 7 CFR 1.3(e). Appeals shall be addressed to the Adminis-: $205.1 Definitions. trator, Grain Inspection, Packers and
Terms defined in section 1324 of the Stockyards Administration (Packers
Food Security Act of 1985, Pub. L. 99 and Stockyards Programs), U.S. De
198, 99 Stat. 1535, 7 U.S.C. 1631, shall partment of Agriculture, Washington,
mean the same in this part as therein. DC 20250.
In addition, except as otherwise speci
fied, as used in this part: PART 205—CLEAR TITLE-PROTEC
(a) The Secretary means the Secretary TION FOR PURCHASERS OF FARM
of Agriculture of the United States; PRODUCTS
(b) The Section means section 1324 of
the above-cited Act, and “subsection" DEFINITIONS
means a subsection of that Section; Sec.
(c) System means central filing system 205.1 Definitions.
as defined in subsection (c)(2);
(d) EFS means effective financing REGULATIONS
statement as defined in subsection (c)(4); 205.101 Certification request and proc- (e) System operator means Secretary essing.
of State or other person designated by 205.102 Name of person subjecting a farm
a State to operate a system; product to a security interest, on EFS and master list--format.
(f) Registrant means any buyer of 205.103 EFS-minimum information.
farm products, commission merchant, 205.104 Registration of buyer, commission or selling agent, as referred to in the
merchant, or selling agent minimum in- Section, registered with a system formation.
under subsection (c)(2)(D); 205.105 Master list and portion thereof dis
(8) Master list means the accumulatributed to registrants-format.
tion of data in paper, electronic, or 205.106 Farm products. 205.107 Crop year.
other form, described in subsection
(c)(2)(C); INTERPRETIVE OPINIONS
(b) Portion means portion of the mas205.201 System operator.
ter list distributed to registrants under 205.202 "Effective financing statement” or subsection (c)(2)(E); EFS.
(i) UCC or Uniform Commercial Code 205.203 Place of filing EFS.
means the Uniform Commercial Code 205.204 Filing “notice" of EFS.
prepared under the joint sponsorship of 205.205 Fees.
the American Law Institute and the 205.206 Farm products.
National Conference of Commissioners 205.207 "Amount" and "reasonable description of the property."
on Uniform State Laws, and in effect in 205.208 Distribution of portions of master
most States of the United States at the list-registration-information to non- time of enactment of Pub. L. 99–198.
registrants on request. 205.209 Amendment or continuation of EFS.
REGULATIONS 205.210 Effect of EFS outside State in which filed.
8 205.101 Certification-request and 205.211 Applicability of court decisions processing. under the UCC.
(a) To obtain certification of a sys205.212 "Buyer in ordinary course of business" and "security interest."
tem, a written request for certification 205.213 Obligations subject>"person in- must be filed together with such docudebted"-"debtor."
ments as show that the system com205.214 Litigation as to whether a system is plies with the Section. If such material operating in compliance with the Sec
is voluminous, a summary, table of tion.
contents, and index must accompany it AUTHORITY: 7 U.S.C. 1631 and 7 CFR 2.22, as necessary to facilitate review. 2.81.
(b) The request must: SOURCE: 51 FR 29451, Aug. 18, 1986, unless (1) Include an introductory explaotherwise noted.
nation of how the system will operate; (2) Identify the information which created and operated, and the system will be required to be supplied on an operator is designated; EFS;
(ii) All regulations, rules and require(3) Identify where an EFS, amend- ments issued under such legislation or ment thereto, or continuation thereof, other legal authority and governing opwill be filed and, if elsewhere than with eration of the system, designation of the system operator, explain how and the system operator, and use of the in what form the system operator will system by members of the public; and receive information needed to compile (iii) All printed and electronic forms and update the master list;
required to be used in connection with (4) Explain the method for recording the system. the date and hour of filing of an EFS, (c) Any such request and attachamendment thereto, or continuation ments must be filed in triplicate (one thereof;
copy for public inspection, a second (5) Explain how the master list will copy for use in GIPSA, and a third be compiled, including the method and copy for use in the Office of the Genform of storage and arrangement of in- eral Counsel, USDA). All three copies formation, explain the method and must be received in the headquarters of form of retrieval of information from
the Grain Inspection, Packers and the master list, the method and form of Stockyards Administration Packers distribution of portions of the master
and Stockyards Programs), USDA, list to registrants as required by sub
Washington, DC 20250. section (c)(2)(E), and the method and
(d) A refusal to certify such a system, form of furnishing of information oral
if any, will be explained in writing. Rely with written confirmation as re
consideration of such a refusal must be quired by subsection (c)(2)(F) (details
requested in writing with specification of computer hardware and software need not be furnished but the results it
of errors believed to have been made. will produce must be explained);
(e) To make changes to an existing
certified central filing system, includ(6) Explain how the list of registrants
ing changes necessitated or made poswill be compiled, including identification of where and how they will reg
sible by amendments to the Act, a
written request to amend the existing ister, what information they must supply in connection with registration,
certified central filing system must be and the method and form of storage
filed together with such documents as and retrieval of such information (de
are necessary to show that the system tails of computer hardware and soft
complies with the Act. The request ware need not be furnished but the re
must contain relevant new information sults it will produce must be ex
consistent with the requirements speciplained);
fied elsewhere in this section. (7) Show how frequently portions of (51 FR 29451, Aug. 18, 1986, as amended at 61 the master list will be distributed regu- FR 54728, Oct. 22, 1996) larly to registrants; (8) Show the farm products according
$ 205.102 Name of person subjecting a to which the master list will be orga
farm product to a security interest, nized;
on EFS and master list-format. (9) Show how the system will inter- On an EFS, and on a master list, the pret the term “crop year” and how it name of the person subjecting a farm will classify as to crop year an EFS not product to a security interest must apshowing crop year;
pear as follows: (10) Show what fee will be charged (a) In the case of a natural person, and explain how the costs of the sys- the surname (last name or family tem will be covered if not by such fee name) must appear first; and the general revenue of the State; (b) In the case of a corporation or and
other entity not a natural person, the (11) Include copies of:
name must appear beginning with the (i) All State legislation or other legal first word or character not an article authority under which the system is or punctuation mark.
have registered for all counties and parishes shown on the master list.
(c) A requirement of additional information on a registration form is discretionary with the State.
8205.103 EFS-minimum information.
(a) The minimum information necessary on an EFS is as follows:
(1) Crop year unless every crop of the farm product in question, for the duration of the EFS, is to be subject to the particular security interest;
(2) Farm product name (see 88 205.106, 205.206);
(3) Each county or parish in the same State where the farm product is produced or to be produced;
(4) Name and address of each person subjecting the farm product to the security interest, whether or not a debtor (see $ 205.102);
(5) Social security number or, if other than a natural person, IRS taxpayer identification number, of each such person;
(6) Further details of the farm product subject to the security interest if needed to distinguish it from other such product owned by the same person or persons but not subject to the particular security interest (see $ 205.207); and
(7) Secured party name and address.
(b) A requirement of additional information on an EFS is discretionary with the State.
(c) Whether to permit one EFs to reflect multiple products, or products in multiple counties, is discretionary with the State.
$ 205.105 Master list and portion there
of distributed to registrants-for
mat. (a) The master list must contain all the information on all the EFS's filed in the system, so arranged that it is possible to deliver to any registrant all such information relating to any product, produced in any county or parish (or all counties or parishes), for any crop year, covered by the system. The system must be able to deliver all such information to any registrant, either in alphabetical order by the word appearing first in the name of each person subjecting a product to a security interest (see $205.102), in numerical order by social security number (or, if other than a natural person, IRS taxpayer identification number) of each such person, or in both alphabetical and numerical orders, as requested by the registrant.
(b) Section (c)(2)(E) requires the portion to be distributed in “written or printed form.” This means recording on paper by any technology in a form that can be read by humans without special equipment. The system may, however, honor requests from registrants to substitute recordings on any medium by any technology including, but not limited to, electronic recording on tapes or discs in machinereadable form, and on photographic recording on microfiche. It also includes, if requested by registrants, electronic transmissions whereby registrants can print their own paper copies.
(c) After distribution of a portion of a master list, there can be supplementary distribution of a portion showing only changes from the previous one. However, if this is done, cumulative supplements must be distributed often enough that readers can find all the information given to them for any one crop year in no more than three distributions.
$ 205.104 Registration of buyer, com
mission merchant, or selling
agent-minimum information. (a) The minimum information necessary on a registration of a buyer, commission merchant, or selling agent is as follows:
(1) Buyer, commission merchant, or selling agent name and address;
(2) Farm product or products (see $8 205.106, 205.206) in which registrant is interested; and
(3) If registrant is interested only in such product or products produced in a certain county or parish, or certain counties or parishes, in the same State, the name of each such county or parish.
(b) A registrant, if not registered for any specified county or parish, or counties or parishes, must be deemed to
(51 FR 29451, Aug. 18, 1986, as amended at 61 FR 54728, Oct. 22, 1996)
§ 205.106 Farm products.
ment by which a security interest is The farm products, according to
created or perfected. Note also the which the master list must be orga
House Committee Report on Pub. L. 99nized as required by subsection (c)(2), 198, No. 99-271, Part 1, September 13, and which must be identified on an 1985, at page 110: “[T]he bill would not EFS
required by subsection preempt basic state-law rules on the (c)(4)(D)(iv), must be specific commod- creation, perfection, or priority of seities, species of livestock, and specific curity interests." products of crops or livestock. The Sec- (b) An EFS may be filed electronition does not permit miscellaneous cally provided a State allows eleccategories.
tronic filing of financing statements 8 205.107 Crop year.
without the signature of the debtor
under applicable State law under provi(a) The crop year, according to which
sions of the Uniform Commercial Code subsection (c)(2)(C)(ii)(IV) requires the
or may be a paper document. An elecmaster list to be arranged "within each
tronically filed EFS need not be a such product," must be:
paper document and need not be (1) For a crop grown in soil, the calendar year in which it is harvested or
signed. If an original or reproduced to be harvested;
paper document of an EFS is filed with (2) For animals, the calendar year in
the State, it must be signed by both which they are born or acquired;
the secured party and the debtor, and (3) For poultry or eggs, the calendar
be filed by the secured party. year in which they are sold or to be (c) Countermeasures against missold.
handling after filing, such as a require(b) An EFS or notice thereof which ment that a copy be date stamped and does not show crop year (the Section returned to the secured party, are disdoes not require it to do so) must be re- cretionary with the State. If a State garded as applicable to the crop or chooses to adopt such counterproduct in question for every year for measures, it is responsible for estabwhich subsection (c)(4)(F) makes the lishing procedures for recording the EFS effective.
date and time when an EFS is received, INTERPRETIVE OPINIONS
and for meeting all legal requirements
associated with filing and distributing $ 205.201 System operator.
information about security interests as The system operator can be the Sec
required by $ 205.101. retary of State of a State, or any des- (51 FR 29451, Aug. 18, 1986, as amended at 61 ignee of the State pursuant to its laws. FR 54728, Oct. 22, 1996) Note that the provision in subsection (c)(2) for a system refers to operation $ 205.203 Place of filing EFS. by the Secretary of State of a State,
The place of filing an EFS is wherbut the definition in (c)(11) of "Sec
ever State law requires, which need not retary of State" includes "designee of
be with the system operator so long as the State."
the system operator receives the infor$ 205.202 "Effective financing state
mation needed for the master list, inment” or EFS.
cluding the information required in (a) An EFS under subsection (c)(4)
subsection (c)(4)(D). Note that the reneed not be the same as a financing
quirements in subsection (c)(4) for an statement or security agreement under
EFS include the requirement that it be the Uniform Commercial Code (or
"filed with the Secretary of State,” equivalent document under future suc
but the definition in (c)(11) of "Seccessor State law), but can be an en- retary of State" includes "designee of tirely separate document meeting the the State," and the requirements in definition in (c)(4). Note that (c)(4) con- (c)(2) for a system refer in (A) to filing tains a comprehensive definition of the with the system operator of "effective term which does not include any re- financing statements or notice of such quirement that the EFS be the instru- financing statements.” (emphasis added)