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WA-460-13
(06-16-06)
Form Approved – OMB No. 0560-0120
See Page 7 for Privacy Act and Public Burden Statements.
U.S. DEPARTMENT OF AGRICULTURE
Farm Service Agency
United States Warehouse Act
ADDENDUM TO THE PROVIDER AGREEMENT TO ELECTRONICALLY FILE
AND MAINTAIN ORANGE JUICE WAREHOUSE RECEIPTS
This Addendum between (a)
(Provider) and the Farm Service Agency (FSA) authorizes the Provider to establish and maintain a
database and system, referred to as a central filing system (CFS), for the purpose of electronically filing
orange juice electronic warehouse receipts issued under the United States Warehouse Act (USWA) and
permits the Provider to accept the filing of electronic warehouse receipts from other than USWA licensed
warehouse operators in such electronic data filing system. Such electronically filed warehouse receipts
for orange juice are hereafter referred to as “Electronic Warehouse Receipts (EWRs).”
Orange juice is defined as the unfermented juice obtained from mature oranges of the species citrus
sinensis or its hybrids or as specified in the Federal Food, Drug, and Cosmetic Act at 21 CFR 146.140
through 154, subject to the disapproval of DACO.
Notwithstanding any Federal law or Department of Agriculture (USDA) data security restrictions, nothing
contained herein should be interpreted or construed by a Provider so as to deny cooperation with a State
licensing authority with respect to access to examination or investigation data stored in a CFS by a State
licensed warehouse.
The Provider shall not warrant nor guarantee any part of the underlining transaction or activity that
involves the use the Provider’s CFS to perfect or consummate such a transaction or activity. The
underlining transaction or activity shall be administered and governed by applicable Federal or State rule
of law.
This Addendum sets forth the Provider's minimum requirements for operational management, EWR
record formatting, reporting requirements and the protocols to be used in the transmission of such
information.
I. Common Computing Environment and eAuthentic ation
The Provider will, at a minimum, make available a common computing environment to the users of their
CFS that offers nondiscriminatory access and ability to logon remotely to the Provider’s CFS through an
eAuthentication method recognized by FSA. Before accepting an EWR into their CFS as issued, the
Provider will, at a minimum, authenticate the warehouse receipt signer as the person authorized by the
warehouse operator to issue the EWR.
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II. Receipt Record Data Requirements
FSA, in administration of the USWA, the regulations found at 7 CFR Part 735, the Provider
Agreement to Electronically File and Maintain Warehouse Receipts and United States Warehouse Act
Documents and this Addendum, may, at any time, require the Provider to furnish information beyond
the minimum requirements shown in this Addendum.
A. Required Record Data
The Provider shall, at a minimum, make the elements listed below available to every USWA and
non-USWA licensed warehouse operator issuing EWRs in their CFS. The Provider shall ensure
that all fields are completed by all warehouse operators. The Provider shall advise warehouse
operators that it is the warehouse operator’s responsibility to supply the necessary data to
complete each element, as applicable, when generating a EWR.
License number, if applicable*
Provider Warehouse Code
Depositor
Holder
Receipt number and License type, US if Federally licensed, the two letter Postal
abbreviation if State licensed, or NL if not licensed or unregulated will without exception
be displayed in front of the receipt number and shown as an integral part of the receipt
number.
Paper Warehouse Receipt Number, (if applicable)
Issuance date (date issuance file is received and accepted in the Provider’s system)
Receipt status
Indicate whether the receipt is “Not Negotiable” or “Negotiable” according to the nature of the
receipt
Cancellation date (date cancellation file is received and accepted in the Provider's system)
Name of warehouse
Location of receiving warehouse (City) and (State)
Warehouse Operator (legal entity of warehouse operator)
Location receipt issued (City) and (State)
Quantity (number of units)
Quantity Units (Type of Units – Metric Tons, Long Tons, Pounds)
Packaging Type (bulk)
Storage Start Date
Rate of storage charges
Amount of prepaid storage charges, (if applicable)
Date through which storage has been prepaid, (if applicable)
Date converted to EWR, (when applicable)
Date converted to Paper WHR, (when applicable)
*Enter Federal or State warehouse license number, if not licensed, zero fill field.
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Product (general product description - Frozen Concentrated Orange Juice, Not From
Concentrate Orange Juice, Reduced Acid Frozen Concentrated Orange Juice, Orange Juice
for Manufacturing)
Origin (state, country)
Name of person authorized to sign warehouse receipt
Remarks section (When applicable a text box for warehouse operator’s remarks)
Terms and conditions (Refer to Section VII for USWA license warehouse operators and
Section VIII for State licensed warehouse operators and Section IX for non-licensed or
unregulated warehouse operators for terms and conditions that apply to each EWR that
must be furnished by the warehouse operator issuing the EWRs).
Indicate “Not graded on request of the depositor”, “Grade determined by State licensed grader”
or “Grade determined by non-licensed grader” (or, toggle for any other statement applicable to
the orange juice industry).
B. Required Elements That Can Be Modified Without the Warehouse Operator Being the Holder
FSA will allow the warehouse operator to modify the elements, “date through which storage has
been paid”, or “storage start date” without being the holder of the EWR. The Provider shall
notify the holder of the EWR of any changes.
C. Suspending an EWR to issue an Interim Paper Warehouse Receipt
When suspending an EWR to issue an interim paper warehouse receipt, the Provider shall advise
the warehouse operator to first suspend the EWR, enter the interim paper warehouse receipt
number into the applicable EWR data field, and print on the face of the interim paper warehouse
receipt the suspended EWR number.
D. Converting a Paper Warehouse Receipt to an EWR
When converting an outstanding paper warehouse receipt to an EWR, the Provider shall advise
the warehouse operator to first take possession of and cancel the paper warehouse receipt, print
the replacing EWR number on the face of the paper warehouse receipt, and enter the canceled
paper warehouse receipt number into the applicable EWR data field.
E. Assignment of EWR Numbers
The Provider shall ensure that warehouse operators issue EWRs consecutively.
F. Trailer Files and Non-Required EWR Data or Information
The Provider shall make available to the users of their CFS, as an outside attachment to an
EWR’s secured data files, a trailer file that may contain non-required EWR data or information
for associated business processes.
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III. Security of Data
A. Encryption
The provider shall use only data encryption and security methods that are commonly used in the
industry and which are recognized and approved by USDA.
B. Laws
The Provider shall adhere to all aspects of Federal and State public disclosure and privacy laws and
regulations.
C. Notification
The Provider shall notify DACO of the name and address of the actual off-site location where the
Provider’s disaster-recovery records are stored.
IV. Transmission of Data
The Provider shall make available free of charge to FSA and State operated orange juice warehouse
regulatory programs an internet site and/or a common computer utility program that downloads USDA
approved warehouse examination data from their CFS.
V. Terms and Conditions for USWA Licensed Warehouse Operators
The following information must be recorded on all EWRs or within the warehouse operator’s EWR
profile. FSA will be responsible for maintaining and updating this information.
The statements:
The Warehouse Operator’s business organization type (i.e. sole proprietor, incorporated, partnership,
LLC, etc.) and the name of the State whose laws govern that organization (i.e. “a Texas corporation”).
Insured, to what extent, by the warehouse operator against loss by fire, lightning and other risks.
The maximum amount of bond or financial assurance underwriting the warehouse receipt.
Weight was determined by a weigher licensed under the USWA.
Grade was determined by a “Federal Grader”, a “Grader Licensed under the USWA”, or “Not Graded on
Request of Depositor.”
The grade stated in this receipt is in accordance with the U. S. Standards for Grades of Orange Juice. If
the grade of orange juice is that for which no official orange juice standards of the United States are in
effect, the grade or other class shall be stated in accordance with the standards, if any, adopted by the
local board of trade, chamber of commerce, or by the orange juice trade generally in the locality in which
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the warehouse is located, subject to the authorization of the FSA, or in the absence of these standards, in
accordance with any standards authorized for the purpose by the FSA.
The applicable charges claimed by the warehouse operator for storage and other services. Handling and
other accrued charges are according to the warehouse operator’s effective public tariff. The warehouse
operator will furnish depositors and warehouse receipt holders the full amount of charges upon request.
In the event the relationship existing between the warehouse operator and any depositor is not that of
strictly disinterested custodianship, a statement setting forth the actual relationship.
VI. Terms and Conditions for State or Non-Licensed Warehouse Operators
The following information must be recorded on all EWRs or within the warehouse operator’s EWR
profile. Each warehouse operator shall have a posted EWR profile. To the extent required under
applicable State law, each State licensing authorit y will be responsible for maintaining and updating the
EWR profile information on their licensed warehouse operators with respect to warehouse receipts and
public disclosures.
The statements:
The Warehouse Operator’s business organization type (i.e. sole proprietor, incorporated, partnership,
LLC, etc.) and the name of the State whose laws govern that organization (i.e. “a Texas corporation”).
Insured, to what extent, by the warehouse operator against loss by fire, lightning and other risks.
The authority, that the warehouse operator issues warehouse receipts under, State warehouse code for
State licensed warehouses or Uniform Commercial Code.
The maximum amount of bond or financial assurance underwriting the warehouse receipt.
Weight was determined by a State of
“Licensed Weigher,” or “Unofficial
Weight by Warehouse Operator” or “Not Weighed on Request of Depositor.”
Grade was determined by a “Grader licensed by the State of
“a Grader licensed by the NYBOT,” or
“a Federal Grader,” or
“Unofficially Graded by Warehouse Operator” or
“Not Graded on Request of Depositor.”
,” or
The grade stated in this receipt is in accordance with the “U. S. Standards for Grades of Orange Juice.”
Or, if the grade of orange juice is that for which no official orange juice standards of the United States are
in effect, the grade or other class shall be stated in accordance with the standards, if any, adopted by the
local board of trade, chamber of commerce, or by the orange juice trade generally in the locality in
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which the warehouse is located, subject to the authorization of the FSA, or in the absence of these
standards, in accordance with any standards authorized for the purpose by the FSA.
The applicable charges claimed by the warehouse operator for storage and other services. Handling and
other accrued charges are according to the warehouse operator’s effective public tariff. The warehouse
operator will furnish depositors and warehouse receipt holders the full amount of charges upon request.
In the event the relationship existing between the warehouse operator and any depositor is not that of
strictly disinterested custodianship, a statement setting forth the actual relationship.
Upon surrender of this receipt and payment of all liens due the warehouse operator, said orange juice will
be delivered to the order of the holder as defined in 7 CFR Part 735.
VII.
Disputes
All disputes arising under this Addendum shall be determined by the application of the laws of New York
State except that the laws of New York relating to the legal doctrines of the choice of law and
determination of venue shall not be applicable.
VIII.
Contact:
Chief, Licensing Branch
Warehouse Licensing and Examination Division
Kansas City Commodity Office
P.O. Box 419205 – Stop 9148
Kansas City, MO 64141-6205
Phone: 816-823-1144
Fax:
816-926-1548
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(b) Name of Provider
(c) Signature of Provider
(d) Title of Provider
(e) Date
(f) Signature of Deputy Administrator for Commodity Operations
(g) Date
NOTE:
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 735. The information will be used to complete the terms of a license
and contract between the warehouse operator and the Deputy Administrator for Commodity Operations. Furnishing the requested information is
voluntary, however, without it, eligibility to become a provider under the United States Warehouse Act and the decision as to the applicant’s eligibility
for a provider agreement must be made in part on the basis of the information provided. 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 magistrat e 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 an OMB control number. The valid OMB control number of 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 (KCCO), WAREHOUSE LICENSING AND EXAMINATION
DIVISION, 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, age,
disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or part of an individual’s income is derived from any public assistance program. (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 to USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250- 9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an
equal opportunity provider and employer.
File Type | application/pdf |
File Title | WA0460-0013_060616V01.doc |
Author | Erica.Robinson |
File Modified | 2008-04-02 |
File Created | 2008-04-02 |