7 U.S.C. § 245

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)
Section 245 - Bonding and other financial assurance requirements
(a) In general

As a condition of receiving a license or approval under this chapter (including regulations promulgated under this chapter), the person applying for the license or approval shall execute and file with the Secretary a bond, or provide such other financial assurance as the Secretary determines appropriate, to secure the person's performance of the activities so licensed or approved.

(b) Service of process

To qualify as a suitable bond or other financial assurance under subsection (a), the surety, sureties, or financial institution shall be subject to service of process in suits on the bond or other financial assurance in the State, district, or territory in which the warehouse is located.

(c) Additional assurances

If the Secretary determines that a previously approved bond or other financial assurance is insufficient, the Secretary may suspend or revoke the license or approval covered by the bond or other financial assurance if the person that filed the bond or other financial assurance does not provide such additional bond or other financial assurance as the Secretary determines appropriate.

(d) Third party actions

Any person injured by the breach of any obligation arising under this chapter for which a bond or other financial assurance has been obtained as required by this section may sue with respect to the bond or other financial assurance in a district court of the United States to recover the damages that the person sustained as a result of the breach.

7 U.S.C. § 245

Aug. 11, 1916, ch. 313, pt. C, §6, as added Pub. L. 106-472, title II, §201, Nov. 9, 2000, 114 Stat. 2064.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 245, acts Aug. 11, 1916, ch. 313, pt. C, §5, 39 Stat. 486; Feb. 23, 1923, ch. 106, 42 Stat. 1282, related to term and renewal of license, prior to the general amendment of this chapter by Pub. L. 106-472.A prior section 6 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 247 of this title, prior to the general amendment of this chapter by Pub. L. 106-472.

Secretary
The term "Secretary" means the Secretary of Agriculture.
approval
The term "approval" means the consent provided by the Secretary for a person to engage in an activity authorized by this chapter.
person
The term "person" means-(A) a person (as defined in section 1 of title 1);(B) a State; and(C) a political subdivision of a State.
warehouse
The term "warehouse" means a structure or other approved storage facility, as determined by the Secretary, in which any agricultural product may be stored or handled for the purposes of interstate or foreign commerce.