§ 1446.501 - Accounting for contract additional peanuts acquired under physical supervision.  


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  • (a) Commingled storage—(1) General. For a handler operating under physical supervision, contract additional peanuts placed in commingled storage must be accounted for on a dollar value basis less a one time adjustment for shrinkage for each crop.

    (2) Shrinkage. For peanuts that are graded out and accounted for:

    (i) Before February 1 of the applicable marketing year, the adjustment of the dollar value for shrinkage shall be:

    (A) 3.5 percent for Virginia-type peanuts; and

    (B) 3.0 percent for all other peanuts.

    (ii) After January 31 of the applicable marketing year, the adjustment of the dollar value for shrinkage shall be:

    (A) 4.0 percent for Virginia-type peanuts; and

    (B) 3.5 percent for all other peanuts.

    (3) Records. The handler shall maintain a copy of each form FSA-1007 that was issued for any peanuts that are placed in commingled storage and that is issued for any peanuts removed from storage.

    (b) Supervised identity preserved storage. For a handler operating under physical supervision, contract additional peanuts may be stored identity preserved and may be accounted for by disposing of the entire contents of the peanuts in each identity preserved warehouse in accordance with this part and under the supervision of a representative of the marketing association. In such case:

    (1) All peanuts that are loaded into each warehouse must be inspected as farmers stock peanuts and must be loaded under the supervision of the marketing association.

    (2) At the end of each day in which peanuts are placed in or removed from the warehouse, the warehouse must be sealed by a representative of the marketing association.

    (3) Each warehouse seal may be removed only by a representative of the marketing association.

    (4) The marketing association shall be reimbursed by the handler for all expenses of providing a representative to supervise the loading and unloading of each warehouse.

    (c) Nonsupervised identity preserved storage—(1) Conditions. For a handler operating under physical supervision, contract additional peanuts may be stored identity preserved without supervision at the time of loading the peanuts into each warehouse, but only if:

    (i) All peanuts that are loaded into a warehouse are inspected prior to loading into such warehouse and a form FSA-1007 prepared for each lot that is inspected;

    (ii) The entire contents of each warehouse will be removed and disposed of in accordance with this part and under supervision of a representative of the marketing association; and

    (iii) The peanuts are accounted for on a dollar value basis except that shrinkage, in the amounts provided for in paragraph (c)(2) of this section, will be allowed if the dollar value of the peanuts that are loaded out of each warehouse is less than the dollar value of the peanuts that were loaded into such warehouse.

    (2) Shrinkage. For peanuts that are graded out and accounted for:

    (i) Before February 1 of the applicable marketing year, the adjustment of the dollar value for shrinkage shall be:

    (A) 3.5 percent for Virginia-type peanuts; and

    (B) 3.0 percent for all other peanuts.

    (ii) After January 31 of the applicable marketing year, the adjustment of the dollar value for shrinkage shall be:

    (A) 4.0 percent for Virginia-type peanuts; and

    (B) 3.5 percent for all other peanuts.

    (3) Records. The handler shall maintain a copy of each form FSA-1007 that is issued for any peanuts that are placed in nonsupervised identity preserved storage and that is issued for any peanuts that are removed from such storage.