7 U.S.C. § 245

Bonding and other financial assurance requirements

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 7 CasesGoogle Scholar

(a) In general

As a condition of receiving a license or approval under this chapter (including regulations promulgated under this chapter), the person applying for the license or approval shall execute and file with the Secretary a bond, or provide such other financial assurance as the Secretary determines appropriate, to secure the person’s performance of the activities so licensed or approved.

(b) Service of process

To qualify as a suitable bond or other financial assurance under subsection (a), the surety, sureties, or financial institution shall be subject to service of process in suits on the bond or other financial assurance in the State, district, or territory in which the warehouse is located.

If the Secretary determines that a previously approved bond or other financial assurance is insufficient, the Secretary may suspend or revoke the license or approval covered by the bond or other financial assurance if the person that filed the bond or other financial assurance does not provide such additional bond or other financial assurance as the Secretary determines appropriate.

(d) Third party actions

Any person injured by the breach of any obligation arising under this chapter for which a bond or other financial assurance has been obtained as required by this section may sue with respect to the bond or other financial assurance in a district court of the United States to recover the damages that the person sustained as a result of the breach.

(Aug. 11, 1916, ch. 313, pt. C, § 6, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2064.)Editorial NotesPrior Provisions

A prior section 245, acts Aug. 11, 1916, ch. 313, pt. C, § 5, 39 Stat. 486; Feb. 23, 1923, ch. 106, 42 Stat. 1282, related to term and renewal of license, prior to the general amendment of this chapter by Pub. L. 106–472.

A prior section 6 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 247 of this title, prior to the general amendment of this chapter by Pub. L. 106–472.

Notes of Decisions

Cited in 4 cases, 2011–2014 · leading case: Syngenta Seeds, Inc. v. Bunge North Am., Inc., 773 F.3d 58 (8th Cir. 2014).

Sort: Relevance Newest Treatment

Syngenta Seeds, Inc. v. Bunge North Am., Inc., 773 F.3d 58 (8th Cir. 2014). · cites it 14× “See 7 U.S.C. § 245 (a). Among the countries to which Bunge ships corn is China.”

Syngenta Seeds, Inc. v. Bunge North Am., Inc., 820 F. Supp. 2d 953 (N.D. Iowa 2011). · cites it 7× “37) asserting entirely new arguments that 7 U.S.C. § 245 (d) authorizes a private right of action under the USWA with respect to any violation of any section of that Act, including 7 U.”

Syngenta Seeds, Inc. v. Bunge North Am., Inc. (8th Cir. 2014). · cites it 14× “See 7 U.S.C. § 245 (a). Among the countries to which Bunge ships corn is China.”

Syngenta Seeds, Inc. v. Bunge North Am., Inc., 762 F.3d 795 (8th Cir. 2014). · cites it 14× “See 7 U.S.C. § 245 (a). Among the countries to which Bunge ships corn is China.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.