[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR737.37]

[Page 279]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 737--TOBACCO WAREHOUSES--Table of Contents
 
Sec. 737.37  Removal of tobacco in storage.

    Except as permitted by law or the regulations in this part, a 
warehouseman shall not remove any tobacco in storage from the part of 
the warehouse shown in the receipt to another part covered by the 
license, or to any other licensed warehouse, without first securing the 
receipt and indorsing on it the fact and date of such removal and making 
an identical indorsement on the copy of the original receipt. If the 
insurance on any tobacco would be affected by such removal, prior to 
removal the warehouseman shall obtain the consent in writing of the 
holder of the receipt. In the event it should be necessary for purposes 
of proper sampling and inspecting to move temporarily tobacco from the 
licensed warehouse, or licensed compartment shown on the outstanding 
receipt to another licensed warehouse or licensed compartment, removal 
for such purpose may be made without recalling the outstanding receipt 
upon compliance with the following conditions:
    (a) That such tobacco will be moved only upon specific instructions 
of the depositor of the tobacco when title to the tobacco remains in 
him, or of the holder of the receipt, such instructions to be reduced to 
writing and filed by the warehouseman with his other warehouse records. 
Said instructions shall show by marks or numbers the specific tobacco to 
be moved, the warehouse or compartment from and to which the tobacco is 
to be moved, the date of removal and upon return to the warehouse or 
compartment from which removed the warehouseman shall indicate the date 
of return.
    (b) That said tobacco so removed shall be fully covered by insurance 
against loss by fire, lightning, tornado, or theft both while in transit 
to and from the licensed warehouse or licensed compartment shown in the 
outstanding receipt and while in the warehouse in which it is being 
sampled and inspected.
    (c) That no such removal from one licensed warehouse or licensed 
compartment to another licensed warehouse or licensed compartment shall 
take place while Department examiners are engaged in making inspections 
except as the chief of the inspection party may approve.

Under no other circumstances, unless it becomes absolutely necessary to 
protect the tobacco, shall tobacco covered by receipts issued under the 
act be removed from a warehouse, except as provided in Sec. 737.21. In 
case it becomes necessary to remove tobacco from a warehouse prior to 
the surrender of the receipts, the warehouseman immediately upon such 
removal, shall notify the Service of such removal and the necessity 
therefor.