stamped thereon; (13) in the event the relationship existing between the warehouseman and any depositor is not that of strictly disinterested custodianship, a statement setting forth the actual relationship. (b) Every receipt, whether negotiable or non-negotiable, issued for sirup stored in a warehouse, shall specify a period, not exceeding 1 year, for which the sirup is accepted for storage under the Act and this part; Provided, however, That no receipt shall be issued for sugarcane sirup stored without refrigeration in barrels for a period extending beyond March 1, following the year in which produced. Upon demand and surrender of the old receipt by the lawful holder thereof at or before the expiration of the period specified, the warehouseman, upon such lawful terms and conditions as may be granted by him to other depositors of sirup in his warehouse, if he then continues to act as a licensed warehouseman, shall issue a new receipt for a further specified period not exceeding 1 year; Provided, It is actually determined by a licensed inspector that the sirup has not deteriorated and that it is in proper condition for storage for another year; And provided further, That this provision shall not relate to sirup stored in wooden barrels. If the warehouseman continues to act as a public, but not as a licensed warehouseman, he may issue a new non-licensed receipt. (c) The grade stated in a receipt issued for sirup stored in a warehouse, shall be stated as determined by the licensed inspector who last inspected the sirup before the issuance of such receipt, and such receipt shall embody within its written or printed terms the following: (1) that the sirup covered by the receipt was inspected by a licensed inspector, and (2) a form of indorsement which may be used by the depositor or his authorized agent, for showing the ownership of, and liens, mortgages, or other encumbrances on the sirup covered by the receipt. (d) Whenever the grade of sirup is stated in a receipt issued for sirup stored in a warehouse, such grade shall be stated in accordance with §§ 108.66108.68. (e) If a warehouseman issues a receipt omitting the statement of grade on request of the depositor as permitted by section 18 of the Act, such receipt shall have clearly and conspicuously stamped or written on the face thereof the words "Not graded on request of depositor". (f) If a warehouseman issues a receipt under the Act omitting any information not required to be stated, for which a blank space is provided in the form of the receipt, a line shall be drawn through such space to show that such omission has been made by the warehouseman.*† § 108.17 Copies of receipts. If copies are made of receipts, all such copies, except those issued in lieu of the original in case of lost or destroyed receipts. shall have clearly and conspicuously printed or stamped thereon the words "Copy-Not Negotiable". If copies are not made then skeleton copies bearing the same numbers as the corresponding original receipts shall be made, but such skeleton copies need not be marked "Copy-Not Negotiable".*† § 108.18 Lost or destroyed receipts; bond. (a) In the case of a lost or destroyed receipt, if there be no statute of the United States or law of a State applicable thereto, a new receipt upon the same terms, subject to the same conditions, and bearing on its face the number and the date of the receipt in lieu of which it is issued and a plain and conspicuous statement that it is a duplicate issued in lieu of a lost or destroyed receipt, may be issued upon compliance with the conditions set out in paragraph (b) of this section. (b) Before issuing such duplicate receipt the warehouseman shall require the depositor or other person applying therefor to make and file with the warehouseman (1) an affidavit showing that he is lawfully entitled to the possession of the original receipt, that he has not negotiated or assigned it, how the original receipt was lost or destroyed, and if lost, that diligent effort has been made to find the receipt without success and (2) a bond in amount double the value, at the time the bond is given, of the sirup represented by the lost or destroyed receipt. Such bond shall be in the form approved for the purpose by the Secretary, or his designated representative, shall be conditioned to indemnify the warehouseman against any loss sustained by reason of the issuance of such duplicate receipt, and shall have as surety thereon (i) preferably a surety company which is authorized to do business, and is subject to service of process in a suit on the bond, in the State in which the warehouse is located, or (ii) at least two individuals who are residents of such State and each of whom owns real property therein having a value in excess of all ex emptions and encumbrances, to the extent of double the amount of the bond.*† § 108.19 Approval of form of receipt. No receipt shall be issued by a licensed warehouseman except it be (a) in form prescribed by the Chief of the Service; (b) upon distinctive paper specified by him; (c) printed by a printer with whom the United States has a subsisting contract and bond for such printing, and (d) on paper manufactured by and procured from a manufacturer with whom the United States has a subsisting contract and bond for the manufacture of such paper.*† § 108.20 Partial delivery of sirup. If a warehouseman deliver a part only of a lot of sirup for which he has issued a negotiable receipt under the Act, he shall take up and cancel such receipt and issue a new receipt in accordance with this part for the undelivered portion of the sirup. The new receipt shall show the date of issuance and also indicate the number and date of the old receipt.*† receipt, together with the bona fide signature of such person or persons. No licensed warehouseman shall honor an order for the release of sirup covered by a nonnegotiable receipt until he has first ascertained that the person issuing the order has authority to order such release and that the signature of the releasing party is genuine; Provided, That if the holder of such nonnegotiable receipt agrees in writing to hold blameless both the warehouseman and bondsman for any loss that might result from improper delivery through receipt of an unauthorized telegram, deliveries may be made on receipt of telegraphic orders to be followed immediately with usual confirmation order.*† § 108.24 Sirup must be inspected. (a) No warehouseman shall accept sirup for storage until it has been inspected and approved by a licensed inspector. (b) All sirup, the identity of which is not to be preserved, or has not been preserved, shall be accepted for and delivered out of storage only on the basis of grades and weights or quantities determined by licensed inspectors and weighers.*+ § 108.21 Return of receipt before delivery of sirup. Except as permitted by § 108.25 law or by this part, a warehouseman shall Insurance requirements. not deliver sirup for which he has issued (a) Each warehouseman, when so rea negotiable receipt until the receipt has quested in writing by the depositor of or been returned to him and canceled, and the lawful holder of the receipt for any shall not deliver sirup for which he has sirup, shall, to the extent to which, in issued a nonnegotiable receipt until such the exercise of due diligence, he is able receipt has been returned to him or he to procure such insurance, keep such has obtained from the person lawfully sirup while in his custody fully insured entitled to such delivery, or his author-in his own name against loss or damage ized agent, a written order therefor.*+ by fire, lightning, or tornado. When in surance is not carried in the warehouse§ 108.22 Signatures of persons au- man's name, the receipts shall show thorized to direct delivery to be filed that the sirup is not insured by him. with warehouseman. Each person to Such insurance shall be covered by lawwhom a nonnegotiable receipt is issued ful policies issued by one or more insurshall furnish the warehouseman with a ance companies authorized to do such statement in writing indicating the per- business in the State where the wareson or persons having power to author- house is located. If the warehouseman ize delivery of sirup covered by such is unable to procure such insurance, he shall, orally, or by telegraph or by tele- | tect the same and otherwise exercise such phone and at his own expense, imme- care with respect to it as not to endanger diately notify the person making the re- the sirup in his custody as a warehousequest. Nothing in this section shall be man or impair his ability to meet his obconstrued to prevent a warehouseman ligations and perform his duties under from adopting a rule that he will insure the Act and this part. If the wareall sirup. houseman shall store commodities other (b) Each warehouseman shall keep than those for which he is licensed, exposed conspicuously in the place pre- a nonlicensed receipt shall be issued, scribed by § 108.6, and at such other which shall contain in its terms a proviplace as the Chief of the Service, or his sion that said commodities are accepted representative may from time to time for storage only until such time as the designate, a notice stating briefly the space which they may occupy may be conditions under which sirup will be in-needed for products for the storage of sured against loss or damage by fire, which the warehouseman is licensed. lightning, or tornado. Under no circumstances shall any com(c) Each warehouseman shall take modities for the storage of which the promptly such steps as may be necessary warehouseman is not licensed be stored and proper to collect any moneys which if the storage of such commodities might may become due under contracts of in- adversely affect the commercial value of, surance entered into by him for the pur- or impair the insurance on sirup covered pose of meeting the requirements of by licensed receipts.*† this part, and shall, as soon as col- $108.29 Records to be kept in safe lected, pay promptly to the persons concerned any portion of such moneys which they may be entitled to receive from him.** § 108.26 Premiums; inspections; reports. Each warehouseman shall, in accordance with his contracts with insurance and bonding companies for the purpose of meeting the insurance and bonding requirements of this part, pay such premiums, permit such reasonable inspections and examinations, and make such reasonable reports as may be provided for in such contracts.*† places. Each warehouseman shall provide a metal fireproof safe, a fireproof vault, or a fireproof compartment in which he shall keep, when not in actual use, all records, books, and papers pertaining to the warehouse, including his current receipt books, copies of receipts that with the written consent of the issued, and canceled receipts, except Chief of the Service, or his representative, upon a showing by such warehouseman that it is not practicable to provide such fireproof safe, vault, or compartment, he may keep such records, books, and papers in some other place of safety, approved by the Chief of the Service or his representative. All canceled receipts shall be arranged by the warehouseman in numerical order as soon as possible after their cancelation and shall be preserved in numerical order thereafter.*† § 108.27 Care of sirup in storage. Each warehouseman shall at all times exercise such care in regard to sirup in his custody as a reasonably careful owner would exercise under the same circumstances and conditions. If sirup is stored under refrigeration a temperature not in excess of 38 Fahrenheit shall be maintained at § 108.30 Warehouse charges. A all times in the licensed rooms or com- warehouseman shall not make any unpartments and temperature records or reasonable or exorbitant charge for charts showing correct temperature read-service rendered. Before a license to ings made at least four times daily shall conduct a warehouse is granted under be kept. Such records or charts shall be the Act, the warehouseman shall file in such form as the Service may ap- with the Service a copy of his rules and prove.*+ a schedule of charges to be made by § 108.28 Care of nonlicensed sirup or him if licensed. Before making any other commodities. If at any time a change in such rules or schedule of warehouseman shall handle sirup other charges he shall file with the Service than for storage, or shall handle or store a statement in writing showing the any other commodity, he shall so pro- | proposed change and the reasons there tive, which shall show for each lot of sirup the name and address of the depositor, the lot number mentioned in § 108.32, the gross, tare, and net weight for. Each warehouseman shall keep | Service, or his authorized representaexposed conspicuously in the place prescribed by § 108.6, and at such other places, accessible to the public, as the Chief of the Service or his representative, may from time to time designate, of sirup if in barrels, drums, or jackets, a copy of his current rules and schedule of charges.*† (a) Each § 108.31 Business hours. warehouse shall be kept open for the purpose of receiving sirup for storage and delivering sirup out of storage every business day for a period of not less than 6 hours between the hours of 8 a. m. and 6 p. m., except as provided in (b) of this section. The warehouseman shall keep conspicuously posted on the door to the public entrance to his office and to his warehouse a notice showing the hours during which the warehouse will be kept open, except when such office or warehouse is kept open continuously from 8 a. m. to 6 p. m. (b) If the warehouse is not to be kept open as above required, the notice shall state the period during which it is to be closed and the name and address of an accessible person authorized to make delivery upon lawful demand and surrender of the receipt.*+ § 108.32 Numbered tags to beattached to each lot of sirup. Each warehouseman shall, upon acceptance for storage of any lot of sirup the identity of which is to be preserved, take such action as will result in preserving the identity of the product while in storage. He shall immediately assign a lot number to each such lot, and shall plainly and indelibly stamp, stencil, print, or otherwise appropriately mark the lot number on all packages in the lot. He shall attach to such lot a tag of good quality, which shall at all times be clearly visible and shall identify the lot. Such tag shall show the lot number, the number of the receipt issued covering the sirup, the number of packages in the lot, the type or style of packages, the kind of sirup, the grade, if determined, the net weight or number of gallons of sirup in the lot, and the date it entered storage.*† the number of cases and size of containers, if in cases, the grade, when grade is required to be or is ascertained, the dates received for and delivered out of storage, rate record for each depositor, and such the receipts issued and canceled, a sepaaccounts shall include a detailed record of all moneys received and disbursed and of all effective insurance policies.*+ § 108.34 Reports. Each warehouse, man shall, from time to time, make such reports as the Chief of the Service may require, on forms prescribed and furnished for the purpose by the Service, concerning the condition, contents, operation, and business of the warehouse.*† § 108.35 Copies of reports to be kept. Each warehouseman shall keep on file, as a part of the records of the warehouse, for such period as may be prescribed by the Service, an exact copy of each report submitted by such warehouseman under this part.*† § 108.36 Canceled receipts; auditing. Each warehouseman, when requested by the Service, shall forward his canceled receipts for auditing to Washington or to such field offices of the Service as may be designated from time to time. For the purpose of this section, only such portion as the Service may designate of each canceled receipt, numbered to correspond with the actual receipt number, need be submitted.*† § 108.37 Inspections and examinations of warehouses. Each warehouseman shall permit any officer or agent of the Department of Agriculture, authorized by the Secretary for the purpose, to enter and inspect or examine at any time any warehouse for the conduct of which such warehouseman holds a license, the office thereof, the books, records, papers, and accounts relating thereto, and the contents thereof, and shall furnish such officer or agent the assistance necessary to enable him to make any inspection or examination under this section.*† § 108.33 System of accounts. Each warehouseman shall use for his ware- § 108.38 Inspection of weighing, testhouse a system of accounts, approved ing, and measuring apparatus. The apfor the purpose by the Chief of the paratus used for determining the weight, quantity, or quality stated in a receipt or the sirup to the proper reconditioncertificate shall be subject to examination ing process in his licensed warehouse by any officer or agent of the Department to the extent to which it is equipped with of Agriculture employed for such pur- apparatus suitable for the purpose, pose. If the Service shall disapprove otherwise in any other warehouse so such apparatus, it shall not thereafter, equipped.*+ unless such disapproval be withdrawn, be used in ascertaining the weight, quantity, or quality of sirup for the purposes of the Act and this part.*† § 108.39 Care in storage. Each warehouseman shall keep the stock stored in his licensed warehouse in an orderly manner, shall provide sufficient aisle space so as to permit easy and ready access to any and all lots of sirup stored therein, and shall so store each lot of sirup as to facilitate sampling of sirup and inspection for condition. The warehouseman shall at all times keep his warehouse clean and free from all lit ter.* † § 108.40 Water or ash in sirup. The warehouseman shall not accept for storage in his warehouse any sugarcane sirup which contains more than 30 percent by weight of water or more than 2.5 percent by weight of ash; nor shall he accept maple sirup containing in excess of 35 percent by weight of water or which weighs less than 11 pounds to the gallon; nor shall he accept honey weighing less than 11 pounds 12 ounces to the gallon, or containing in excess of 25 percent of water, or more than 0.25 percent of ash or 8 percent of sucrose.*† § 108.42 Deteriorating sirup; handling. (a) If a warehouseman, with the approval of the licensed inspector, shall determine that any sirup is deteriorating and that such deterioration cannot be stopped by processing or otherwise, he shall give immediate notice thereof in accordance with paragraphs (b) and (c) of this section. warehouse in which the sirup is stored; (b) Such notice shall state (1) the (c) A copy of such notice shall be delivered in person or shall be sent by mail (1) to the persons holding the receipts if known to the warehouseman; (2) to the person who originally deposited the sirup; (3) to any other persons known by the licensed warehouseman to be interested in the sirup; (4) to the Chief of the Service; and (5) public notice shall also be given by posting a copy of such notice at the place where the warehouseman is required to post his license. If the holders of the receipts and the owners of the sirup are known to the warehouseman and cannot, in the regular course of the mails, be reached within 12 hours, the warehouseman shall, whether or not requested to do so, also immediately notify such persons by telegraph or telephone at their expense. § 108.41 Procedure to follow prior to reconditioning deteriorating sirup. If the warehouseman considers that any sirup in his warehouse is out of condition, or becoming so, he shall direct the licensed inspector to examine the sirup in question, and, if such inspector finds such sirup to be out of condition or becoming so, and he is of the opinion that such sirup can be brought back into condition by reprocessing or other means, or that further deterioration can be prevented, the warehouseman shall give immediate notice of the facts to the persons, and in the manner, specified in § 108.42 (b)-(c) of these regulations. If, within 24 hours after the dispatch of such notice, the owners of such sirup have not otherwise directed as to the disposition of same, such warehouseman, with the approval of the licensed inspector, shall subject graph or telephone toll charge, such (d) Any person, interested in any sirup or the receipt covering such sirup stored in a licensed warehouse, may, in writing, notify the warehouseman of his interest, and such warehouseman shall keep a record of that fact. If such person requests in writing that he be notified regarding the condition of any such sirup and agrees to pay the cost of any tele |