Warehouse Regulations Under the United States Warehouse Act

This form is available electronically. See Page 3 for Privacy Act and Paperwork Reduction Act Statements.

WA-460-4 U.S. DEPARTMENT OF AGRICULTURE Form Approved - OMB No. 0560-0120

(10-31-11) Farm Service Agency

United States Warehouse Act

FARM SERVICE AGENCY

ADDENDUM TO THE PROVIDER AGREEMENT

TO ELECTRONICALLY FILE AND MAINTAIN

TOBACCO WAREHOUSE RECEIPTS

This Addendum between (a)

     

(hereafter "Provider") and the Farm Service Agency (hereafter "FSA") authorizes the Provider to establish and maintain a database and system for the purpose of electronically filing tobacco electronic warehouse receipts issued under the United States Warehouse Act (hereafter "USWA") in a central data filing system (hereafter "central filing system" or "CFS") 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 tobacco are hereafter referred to herein as "electronic warehouse receipts (EWRs)."

This Addendum sets forth the Provider's minimum requirements for EWR record formatting, reporting requirements and the protocols to be used in the transmission of such information.

I. 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 Electronic Warehouse Receipts, and this Addendum, may at any time require the Provider to furnish information beyond the minimum requirements shown in this Addendum.

A. Required Information

The Provider shall, at a minimum make the elements listed below available to every USWA and non‑USWA licensed warehouse operator issuing EWRs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operators. It is each individual warehouse operator’s responsibility to supply the necessary data to complete each element. This Addendum does not restrict the number of fields that may be made available to warehouse operators.

USWA license number, if applicable*

Receipt number

Issuance date

Receipt status

The words “Not Negotiable”, or “Negotiable” according to the nature of the receipt

Cancellation date

Name of warehouse

Location of warehouse (City)

Location of warehouse (State)

Warehouse operator

Location receipt issued (City)

Location receipt issued (State)

Received from

The identification number given to each package

Weight

Grade, if applicable

Type, if applicable

Condition, if applicable

Form, if applicable

Grade statement “Not graded on request of the depositor” if the depositor makes such a request

Terms and conditions (These terms and conditions that apply to each EWR must be furnished by the individual warehouse operators issuing the EWRs. Refer to Item III, for USWA licensed warehouse operators)

Name of person authorized to sign warehouse receipt

* Enter Federal license number, if not licensed, zero fill field

B. Additional Information

The Provider shall, at a minimum make the elements listed below available to every USWA and non‑USWA licensed warehouse operator issuing EWRs in the CFS. The Provider shall ensure that all of these fields are completed by all warehouse operators. It is each individual warehouse operator’s responsibility to supply the necessary data to complete each element. This addendum does not restrict the number of fields that may be made available to warehouse operators. FSA may allow a user of the Provider’s system to modify the elements listed below without being the holder of the EWR. The Provider shall notify the current holder of the EWR of any changes.

Holder

Paper receipt number (if applicable)

Receiving Charges Paid or Due**

Rail or Truck

License Type, US if Federally Licensed, NL if not licensed or the two letter Postal abbreviation if State Licensed, will precede or follow the warehouse receipt number

Commodity Credit Corporation (CCC) Agreement (Y or N)

Warehouse Code

**These fields may be modified by the warehouse operator without being the holder.

C. Converting Electronic to Paper

When converting from an electronic to a paper warehouse receipt, the Provider shall advise the warehouse operator to print on the face of the paper warehouse receipt the EWR number.

II. Transmission of Data

Upon request by FSA all transmissions of data shall be secured and transmitted via telecommunications hardware and software according to the requirements described in Attachment I Provider Specifications for interfacing with Warehouse Examiners’ Communications Software (WECS).

III. Terms and Conditions For USWA Licensed Warehouse Operators

The following information must be recorded on all EWR’s.

The statements:

Incorporated or Unincorporated and if incorporated, under what laws.

Insured or Not Insured and if insured, to what extent, by the warehouse operator against loss by fire, lightning and other risks.

The tobacco covered by this receipt was inspected by a licensed inspector and weighed by a licensed weigher.

The tobacco covered by this receipt was graded in accordance with the State standards, if any, established in the State in which the warehouse is located; in the absence of any State standards, in accordance with the standards, if any, adopted by any tobacco organization or by the tobacco trade generally in the locality in which the warehouse is located, subject to the disapproval of the FSA or in the absence of the aforesaid standards in accordance with any standards approved by the FSA.

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.

Whenever the grade is stated, the type, form, and condition must also be stated.

_     

(a) Name of Provider

(b) Signature of Provider

_     ___

(c) Title of Provider

_     

(d) Date

(e) Signature of Deputy Administrator for Commodity Operations

_     

(f) Date

NOTE:

The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a - as amended).  The authority for requesting the information identified on this form is 7 CFR Part 735, the United States Warehouse Act (Pub. L. 106-472), and the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.). The information will be used to establish and maintain a database and central filing system for electronically filing tobacco warehouse receipts and electronic documents issued under the United States Warehouse Act. The information collected on this form may be disclosed to other Federal, State, Local government agencies, Tribal agencies, and nongovernmental entities that have been authorized access to the information by statute or regulation and/or as described in applicable Routine Uses identified in the System of Records Notice for USDA/FSA-2, Farm Records File (Automated) and USDA/FSA-3, Consultants File.  Providing the requested information is voluntary.  However, failure to furnish the requested information will result in a determination of ineligibility to obtain new licensing or retain existing licensing under the United States Warehouse Act. 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. The provisions of appropriate criminal and civil fraud, privacy, and other statutes may be applicable to the information provided. RETURN THIS COMPLETED FORM TO THE KANSAS CITY COMMODITY OFFICE, WAREHOUSE LICENSE AND EXAMINATION DIVISION, STOP 9148, P.O. 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, Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W., Stop 9410, Washington, DC  20250-9410, or call toll-free at (866) 632-9992 (English) or (800) 877-8339 (TDD) or (866) 377-8642 (English Federal-relay) or (800) 845-6136 (Spanish Federal-relay).  USDA is an equal opportunity provider and employer.