[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR205.101]



[Page 64-65]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

       (PACKERS AND STOCKYARDS PROGRAMS),DEPARTMENT OF AGRICULTURE

 

PART 205_CLEAR TITLE_PROTECTION FOR PURCHASERS OF FARM PRODUCTS--Table 

of Contents

 

Sec. 205.101  Certification--request and processing.



    (a) To obtain certification of a system, a written request for 

certification must be filed together with such documents as show that 

the system complies with the Section. If such material is voluminous, a 

summary, table of contents, and index must accompany it as necessary to 

facilitate review.

    (b) The request must:

    (1) Include an introductory explanation of how the system will 

operate;



[[Page 65]]



    (2) Identify the information which will be required to be supplied 

on an EFS;

    (3) Identify where an EFS, amendment thereto, or continuation 

thereof, will be filed and, if elsewhere than with the system operator, 

explain how and in what form the system operator will receive 

information needed to compile and update the master list;

    (4) Explain the method for recording the date and hour of filing of 

an EFS, amendment thereto, or continuation thereof;

    (5) Explain how the master list will be compiled, including the 

method and form of storage and arrangement of information, explain the 

method and form of retrieval of information from the master list, the 

method and form of distribution of portions of the master list to 

registrants as required by subsection (c)(2)(E), and the method and form 

of furnishing of information orally with written confirmation as 

required by subsection (c)(2)(F) (details of computer hardware and 

software need not be furnished but the results it will produce must be 

explained);

    (6) Explain how the list of registrants will be compiled, including 

identification of where and how they will register, what information 

they must supply in connection with registration, and the method and 

form of storage and retrieval of such information (details of computer 

hardware and software need not be furnished but the results it will 

produce must be explained);

    (7) Show how frequently portions of the master list will be 

distributed regularly to registrants;

    (8) Show the farm products according to which the master list will 

be organized;

    (9) Show how the system will interpret the term ``crop year'' and 

how it will classify as to crop year an EFS not showing crop year;

    (10) Show what fee will be charged and explain how the costs of the 

system will be covered if not by such fee and the general revenue of the 

State; and

    (11) Include copies of:

    (i) All State legislation or other legal authority under which the 

system is created and operated, and the system operator is designated;

    (ii) All regulations, rules and requirements issued under such 

legislation or other legal authority and governing operation of the 

system, designation of the system operator, and use of the system by 

members of the public; and

    (iii) All printed and electronic forms required to be used in 

connection with the system.

    (c) Any such request and attachments must be filed in triplicate 

(one copy for public inspection, a second copy for use in GIPSA, and a 

third copy for use in the Office of the General Counsel, USDA). All 

three copies must be received in the headquarters of the Grain 

Inspection, Packers and Stockyards Administration Packers and Stockyards 

Programs), USDA, Washington, DC 20250.

    (d) A refusal to certify such a system, if any, will be explained in 

writing. Reconsideration of such a refusal must be requested in writing 

with specification of errors believed to have been made.

    (e) To make changes to an existing certified central filing system, 

including changes necessitated or made possible by amendments to the 

Act, a written request to amend the existing certified central filing 

system must be filed together with such documents as are necessary to 

show that the system complies with the Act. The request must contain 

relevant new information consistent with the requirements specified 

elsewhere in this section.



[51 FR 29451, Aug. 18, 1986, as amended at 61 FR 54728, Oct. 22, 1996]