Atlanta-Room 338, 1720 Peachtree Street, Denver-208 Livestock Exchange Building, Kansas City-828 Livestock Exchange Building, Kansas City, Missouri 64102 (Kansas, Missouri) Lawndale-15000 Aviation Boulevard, Room 2W6, P.O. Box 6102, Lawndale, California 90261 (Arizona, California, Hawaii, Nevada) Memphis Room 459, Federal Building, 167 Main Street, Memphis, Tennessee 38103 (Arkansas, Louisiana, Mississippi, Tennessee) North Brunswick-825 Georges Road, Room 303, North Brunswick, New Jersey 08902 (Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont) Omaha-909 Livestock Exchange Building, Omaha, Nebraska 68107 (Iowa, Nebraska) Portland-9370 S.W. Greenburg Road, Suite E, Portland, Oregon 97223 (Alaska, Idaho, Oregon, Washington) South St. Paul-208 Post Office Building, Box 8, South St. Paul, Minnesota 55075 (Minnesota, North Dakota, South Dakota, Wisconsin) $204.3 Delegation of authority. (a) Deputy Administrator. Under the direction of the Administrator, the Deputy Administrator is hereby delegated authority to perform all the duties and exercise all the functions and powers which are now or which may hereafter be, vested in the Administrator (including the power of redelegation). (b) Division Directors. The Directors of the Industry Analysis Staff, the Livestock Marketing Division, and the Packer and Poultry Division, under administrative and technical direction of the Administrator and the Deputy Administrator, are hereby individually delegated authority, in connection with the respective functions assigned to each of said organizational units in § 204.2 to perform all the duties and to exercise all the functions and powers which are now, or which may hereafter be, vested in the Administrator (including the power of redelegation) except such authority as is reserved to the Administrator and Deputy Administrator under paragraph (g) of this section. (c) Regional Supervisors. (1) The Regional Supervisors of the Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs) are hereby individually delegated authority under the provisions of section 402 of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 222), to issue special orders pursuant to the provisions of section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)), and, with respect thereto, to issue notices of default provided for in section 10 of the Federal Trade Commission Act (15 U.S.C. 50); to notify persons deemed to be subject to the bonding requirements in 7 U.S.C. 204 of their obligations to file bonds or trust fund agreements in conformity with regulations issued under this chapter including authority to determine that a bond is inadequate under §201.30(f) of this chapter and to give notice to the person of the amount of bond required; to notify persons deemed to be subject to the reporting requirements §201.97 of this chapter of their obligations to file annual reports; and to grant reasonable requests for extensions of 30 days or less for the filing of such annual reports. in (2) The Regional Supervisors are hereby individually delegated authority, when there is reason to believe that there is a question as to the true ownership of livestock sold by any person, to disclose information relating to such questionable ownership to any interested person. (d) Investigative employees. All employees of the Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs) assigned to or responsible for investigations in the enforcement of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.), or the enforcement of the Truth-in-Lending Act (15 U.S.C. 1601-1665), with respect to any activities subject to the Packers and Stockyards Act, are hereby indi- (e) Concurrent authority. No delega- (f) Prior delegations. All prior delega- (g) Reservations of authority. It is Stockyards Act which are considered $204.4 Public inspection and copying. (a) Facilities for public inspection (b) Copies of such materials may be § 204.5 Indexes. Pursuant to the regulations in 7 CFR § 204.6 Requests for records. (a) Requests for records under 5 Programs). Requests should be submitted to the FOIA Officer at the following address: Freedom of Information Act Officer (FOIA Request), Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), United States Department of Agriculture, Washington, DC 20250. (b) The request shall identify each record with reasonable specificity as prescribed in 7 CFR 1.3. (c) The FOIA Officer is authorized to receive requests and to exercise the authority to (1) make determination to grant requests or deny initial requests; (2) extend the administrative deadline; (3) make discretionary release of exempt records; and (4) make determinations regarding charges pursuant to the fee schedule. Terms defined in section 1324 of the Food Security Act of 1985, Pub. L. 99– 198, 99 Stat. 1535, 7 U.S.C. 1631, shall mean the same in this part as therein. In addition, except as otherwise specified, as used in this part: (a) The Secretary means the Secretary of Agriculture of the United States; (b) The Section means section 1324 of the above-cited Act, and "subsection" means a subsection of that Section; (c) SYSTEM means central filing system as defined in subsection (c)(2); (d) EFS means effective financing statement as defined in subsection (c)(4); (e) System operator means Secretary of State or other person designated by a State to operate a system; (f) Registrant means any buyer of farm products, commission merchant, or selling agent, as referred-to in the Section, registered with а system under subsection (c)(2)(D); (g) Master list means the accumulation of data in paper, electronic, or other form, described in subsection (c)(2)(C); (h) Portion means portion of the master list distributed to registrants under subsection (c)(2)(E); (a) To obtain certification of a system, a written request for certification must be filed together with such documents as show that the system complies with the Section. If such material is voluminous, a summary, table of contents, and index must accompany it as necessary to facilitate review. (b) The request must: (1) Include an introductory explanation of how the system will operate; (2) Identify the information which will be required to be supplied on an EFS; (3) Identify where an EFS, amendment thereto, or continuation thereof, will be filed and, if elsewhere than with the system operator, explain how and in what form the system operator will receive information needed to compile and update the master list; (4) Explain the method for recording the date and hour of filing of an EFS, amendment thereto, or continuation thereof; (5) Explain how the master list will be compiled, including the method and form of storage and arrangement of information, explain the method and form of retrieval of information from the master list, the method and form of distribution of portions of the master list to registrants as required by subsection (c)(2)(E), and the method and form of furnishing of information orally with written confirmation as required by subsection (c)(2)(F) (details of computer hardware and software need not be furnished but the results it will produce must be explained); (6) Explain how the list of registrants will be compiled, including identification of where and how they will register, what information they must supply in connection with registration, and the method and form of storage and retrieval of such information (details of computer hardware and software need not be furnished but the results it will produce must be explained); (7) Show how frequently portions of the master list will be distributed regularly to registrants; (8) Show the farm products according to which the master list will be organized; (9) Show how the system will interpret the term "crop year" and how it will classify as to crop year an EFS not showing crop year; (10) Show what fee will be charged and explain how the costs of the system will be covered if not by such fee and the general revenue of the State; and (11) Include copies of: (i) All State legislation or other legal authority under which the system is created and operated, and the system operator is designated; (ii) All regulations, rules and requirements issued under such legislation or other legal authority and governing operation of the system, designation of the system operator, and use of the system by members of the public; and (iii) All printed and electronic forms required to be used in connection with the system. (c) Any such request and attachments must be filed in triplicate (one copy for public inspection, a second copy for use in GIPSA, and a third copy for use in the Office of the General Counsel, USDA). All three copies must be received in the headquarters of the Grain Inspection, Packers and Stockyards Administration Packers and Stockyards Programs), USDA, Washington, DC 20250. (d) A refusal to certify such a system, if any, will be explained in writing. Reconsideration of such a refusal must be requested in writing with specification of errors believed to have been made. (e) To make changes to an existing certified central filing system, including changes necessitated or made possible by amendments to the Act, a written request to amend the existing certified central filing system must be filed together with such documents as are necessary to show that the system complies with the Act. The request must contain relevant new information consistent with the requirements specified elsewhere in this section. [51 FR 29451, Aug. 18, 1986, as amended at 61 FR 54728, Oct. 22, 1996] §205.102 Name of person subjecting a farm product to a security interest, on EFS and master list-format. On an EFS, and on a master list, the name of the person subjecting a farm product to a security interest must appear as follows: (a) In the case of a natural person, the surname (last name or family name) must appear first; (b) In the case of a corporation or other entity not a natural person, the name must appear beginning with the first word or character not an article or punctuation mark. § 205.103 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 §§ 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. § 205.104 Registration of buyer, commission 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 §§ 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 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. $205.105 Master list and portion thereof distributed to registrants-format. (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 |