[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: 7CFR740.4]

[Page 323-324]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 740--NUT WAREHOUSES--Table of Contents
 
Sec. 740.4  All facilities to be licensed or exempted.

    All facilities within the same city or town used for the storage of 
nuts by an applicant for a warehouse license must qualify for a license 
and be licensed under the Act if the applicant is to be licensed to 
operate as a nut warehouseman in such city or town, unless the 
facilities which are not to be covered by a license are exempted by the 
Administrator upon a finding that, due to the exercise of adequate 
controls by some independent agency over the operation of the 
nonfederally licensed facilities, there would be no likelihood of the 
interchange, substitution, or commingling of nuts stored in such 
facilities with nuts stored in the federally licensed facilities. If all 
such facilities do not qualify for a license or for an exemption under 
this section, the applicant shall not be licensed under the Act as a nut 
warehouseman in the city or town in which the facilities in question are 
located. Each applicant for a nut warehouse license must apply for a 
license covering all facilities operated by him for the storage of nuts 
within the same city or town or for exemption as provided in this 
section. If a licensed nut warehouseman acquires any additional nut 
storage facilities within the same city or town in which his licensed 
warehouse is located he shall file promptly an application for a license 
or an exemption of the additional facilities. No nut storage facility 
acquired by a licensed nut warehouseman, subsequent to the issuance of 
his license, in the same city or town as his licensed facilities, shall 
be used for the

[[Page 324]]

storage of nuts until it qualifies for license and is licensed or is 
exempted as provided in this section. If any one of the licensed nut 
storage facilities operated by a warehouseman in the same city or town 
becomes ineligible for a license at any time for any reason, it shall 
not thereafter be used for the storage of nuts, until the condition 
making it ineligible is removed or an exemption is granted as provided 
in this section. The use for the storage of nuts by a licensed 
warehouseman of a facility which is in the same city or town as his 
licensed facilities and is neither licensed nor exempted, or other 
violation of the provisions of this section, shall be cause for 
suspension or revocation of any license issued to the warehouseman for 
the storage of nuts.