49 U.S.C. § 80103

Negotiable and nonnegotiable bills

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(a)Negotiable Bills.—(1) A bill of lading is negotiable if the bill—(A) states that the goods are to be delivered to the order of a consignee; and(B) does not contain on its face an agreement with the shipper that the bill is not negotiable.(2) Inserting in a negotiable bill of lading the name of a person to be notified of the arrival of the goods—(A) does not limit its negotiability; and(B) is not notice to the purchaser of the goods of a right the named person has to the goods.(b)Nonnegotiable Bills.—(1) A bill of lading is nonnegotiable if the bill states that the goods are to be delivered to a consignee. The indorsement of a nonnegotiable bill does not—(A) make the bill negotiable; or(B) give the transferee any additional right.(2) A common carrier issuing a nonnegotiable bill of lading must put “nonnegotiable” or “not negotiable” on the bill. This paragraph does not apply to an informal memorandum or acknowledgment.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1346.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
80103(a)(1)	49 App.:83.	Aug. 29, 1916, ch. 415, §§ 2, 3, 6, 7, 29 (last sentence), 39 Stat. 539, 543.
80103(a)(2)	49 App.:87.
80103(b)(1)	49 App.:82.
	49 App.:109 (last sentence).
80103(b)(2)	49 App.:86.

In subsection (a)(1), the words “A bill of lading is negotiable if . . . states that the goods are to be delivered to the order of a consignee” are substituted for “A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is an order bill” for clarity and consistency in the revised title and with other titles of the United States Code. The words “does not contain on its face an agreement with the shipper that the bill is not negotiable” are substituted for 49 App.:83 (last sentence) for clarity and to eliminate unnecessary words.

In subsection (a)(2)(B), the words “right the named person has” are substituted for “rights or equities of such person” for clarity.

In subsection (b)(1), before clause (A), the words “A bill of lading is nonnegotiable if” are substituted for “A bill in which . . . is a straight bill” in 49 App.:82 for consistency in the revised title and with other titles of the Code. The words “free from existing equities” in 49 App.:109 (last sentence) are omitted as surplus.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1997–2021 · leading case: Porky Prods., Inc. v. Nippon Express U.S.A. (Illinois), Inc., 1 F. Supp. 2d 227 (S.D.N.Y. 1997).

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Porky Prods., Inc. v. Nippon Express U.S.A. (Illinois), Inc., 1 F. Supp. 2d 227 (S.D.N.Y. 1997). · cites it 3× “” 49 U.S.C. § 80103 (a). A nonnegotiable bill of lading is one which “states that the goods are to be delivered to a consignee.”

United States v. Goldsmith, 432 F. Supp. 2d 161 (D. Mass. 2006). “’ ” (quoting 49 U.S.C. § 80103 (b))). Therefore, as a matter of law, the bill of lading in this case required delivery to DVP Diving and Video no matter who possessed the document.”

Edelweiss (USA) Inc. v. Vengroff Williams & Assocs., Inc., 27 A.D.3d 688 (N.Y. App. Div. 2006). “) (see 49 USC § 80103 [b] [1]; see also 46 USC Appendix § 1303 [4]), and thus whether OOCLL was obligated to deliver and release the poultry to the Russian purchaser irrespective of whether that *691 purchaser presented and surrendered documents of title (see 49 use § 80110 [a],…”

Saray Dokum ve Madeni Aksam Sanayi Turizm A.S. v. MTS Logistics, Inc. (S.D.N.Y. 2021). “”); see also 49 U.S.C. § 80103 (a)(2) (“Inserting in a negotiable bill of lading the name of a person to be notified of the arrival of the goods – (A) does not limit its negotiability; and (B) is not notice to the purchaser of the goods of a right the named person has to the…”

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