reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14 - Dealers’ Contracts (§§ 278 — 278e) › § 278b-2 - Interpretation pursuant to laws of the Commonwealth

The dealer’s contracts referred to in this chapter shall be interpreted pursuant to and ruled by the laws of the Commonwealth of Puerto Rico, and any other stipulation to the contrary shall be void.
Any stipulation that obligates a dealer to adjust, arbitrate or litigate any controversy that comes up regarding his dealer’s contract outside of Puerto Rico, or under foreign law or rule of law, shall be likewise considered as violating the public policy set forth by this chapter and is therefore null and void.
History —June 24, 1964, No. 75, p. 231, added as § 3B on June 23, 1978, No. 75, p. 251.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14 - Dealers’ Contracts (§§ 278 — 278e) › § 278b-3 - Arbitration clause

Before any agreement or clause that would compel the parties to resolve through arbitration any controversy arising under a distribution contract granted pursuant to the present chapter may be invoked or made effective, it shall be an indispensable requirement before said controversy may be submitted to arbitration, at the request of any of the parties, that a court with jurisdiction in Puerto Rico determine that said clause or arbitration agreement was subscribed freely and voluntarily by both parties.
There shall exist controvertible presumption that any arbitration agreement or clause contained in a distribution contract was included or subscribed at the request of the principal or grantor, and that any agreement or clause that compels the parties to resolve through arbitration any controversy arising under said contract is an adhesion contract to be interpreted and made effective as such.
It is likewise provided that in case the parties have agreed to resolve through arbitration any controversy arising under a distribution contract, but have not specifically agreed upon an arbitrator, or upon an arbitration entity or forum, nor been able to come to an agreement as to said arbitrator, entity or forum, it shall be a court with jurisdiction in Puerto Rico that shall determine or designate the arbitrator, entity or forum that shall adjudicate the controversies arising under said distribution contract.
History —June 24, 1964, No. 75, p. 231, added as § 3C on Dec. 28, 2000, No. 448, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14 - Dealers’ Contracts (§§ 278 — 278e) › § 278c - Waiver of provisions

The provisions of this chapter are of a public order and therefore the rights determined by such provisions cannot be waived. This chapter being of a remedial character, should, for the most effective protection of such rights, be liberally interpreted; in the adjudgment of the claims that may arise hereunder, the courts of justice shall recognize the right in favor of whom may, effectively, have at his charge the distribution of activities, notwithstanding the corporate or contractual structures or mechanisms that the principal or grantor may have created or imposed to conceal the real nature of the relationship established.
—June 24, 1964, No. 75, p. 231, § 4; June 23, 1966, No. 105, p. 331, § 2.
History
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14 - Dealers’ Contracts (§§ 278 — 278e) › § 278d - Prescription of actions

Every action arising from this chapter shall prescribe in three years reckoning from the date of the definite termination of the dealer’s contract, or of the performing of the detrimental acts, as the case may be.
History —June 24, 1964, No. 75, p. 231, § 5; June 23, 1966, No. 105, p. 331, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14 - Dealers’ Contracts (§§ 278 — 278e) › § 278e - Attorney’s fees

In every action filed pursuant to the provisions of this chapter, the court may allow the granting of attorney’s fees to the prevailing party, as well as a reasonable reimbursement of the expert’s fees.
History —June 24, 1964, No. 75, p. 231, added as § 7 on Sept. 1, 2000, No. 288, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279 - Definitions

For the purposes of this chapter, the following terms shall have the meaning stated hereinafter, unless another meaning clearly arises from the context:
(a) Sales representative. — An independent entrepreneur who establishes a sales representation contract of an exclusive nature, with a principal or grantor, and who is assigned a specific territory or market, within the Commonwealth of Puerto Rico. It includes the figure known as “manufacturer’s representative”.
(b) Principal or grantor. — A person who grants a sales representation contract to a sales representative.
(c) Sales representation contract. — The agreement established between a sales representative and a principal, through which, and regardless of the way in which the parties establish, delineate or formalize said agreement, the party of the first part commits himself to making a reasonable effort and due diligence in the creation or expansion of a market which is favorable for the products that the principal sells, directed at capturing clientele to offer it a product or service marketed by him in Puerto Rico, and the party of the second part is bound to comply with the commitments that may result from the sales representative’s efforts and coordination and to pay the previously-accorded commission or remuneration.
(d) Just cause. — Noncompliance of any of the essential obligations of the sales representation contract by the sales representative, or any act or omission on his/her part that may adversely and substantially affect the interests of the principal or grantor in the development of the market or the sale of merchandise or services. It shall also be understood that the act of privatizing a program, service or enterprise of the central government or of a public corporation shall constitute just cause to terminate the existing relationship between said program, service or enterprise of the central government, or of a public corporation or its successors and any sales representative who renders its services to the latter, effective on the day the term provided by said contract expires, without having to pay any compensation whatsoever to said sales representative.
—Dec. 5, 1990, No. 21, p. 1496, § 1; June 24, 1998, No. 93, § 1.
History
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279a - Termination of the relationship

Notwithstanding the existence of a clause in a sales representation contract that reserves the unilateral right of the parties of terminating the existing relationship, no principal or grantor may terminate said relationship, or directly or indirectly perform any act that may impair the established relationship, or refuse to renew said contract upon its regular termination, except for just cause.
History —Dec. 5, 1990, No. 21, p. 1496, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279b - Termination of the relationship—Just cause; exceptions; presumptions

For the purposes of this section and § 279a of this title, it shall not be deemed as just cause:
(a) The violation or noncompliance of any provision included in the sales representation contract by a sales representative, which fixes codes of behavior, sales quotas or goals, marketing or promotion that do not conform to the realities of the Puerto Rican market at the time of the violation or noncompliance by the sales representative.
The burden of the proof to evidence the fairness of the code of behavior of the fixed quota or goal shall rest on the principal or grantor.
(b) Except when proved otherwise, it shall be presumed that a principal or grantor has impaired the established relationship in any of the following cases:
(1) When the principal or grantor establishes facilities in Puerto Rico for the direct representation of merchandise or the rendering of services which the sales representatives has previously been in charge of.
(2) When the principal or grantor establishes a sales representation relationship with one or more additional representatives for the Puerto Rican area, or any part of said area, in contravention of the existing contract between the parties.
(3) When the principal or grantor unjustifiably refuses to or omits serving the orders for merchandise or services, which the sales representatives sends him in reasonable amounts and within a reasonable time.
(4) When the principal or grantor unilaterally and unreasonably varies the method of making orders and shipments, the manner, conditions or terms of payment for the merchandise or services, thus injuring the sales representative.
(5) The continuous and unjustified delay in servicing the orders of merchandise or services sent by the sales representative.
History —Dec. 5, 1990, No. 21, p. 1496, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279c - Termination of the relationship—Damages

If there is no just cause for the termination of the sales representation contract, for impairing the established relationship, or for the refusal to renew said contract, the principal shall have executed a tortious act against the sales representative and shall compensate him to the extent of the damages caused to him, which amount shall be fixed by taking into account the following factors:
(a) The actual value of all investments and expenses incurred by the sales representative in the performance of his duties, to the extent in which they are not easily and reasonably used for some other activity in which the sales representative is regularly engaged.
(b) The good will of the business, or the part thereof that is attributable to the representation of the merchandise or rendering of the services in question, to be determined taking into account the following terms:
(1) The number of years that the sales representative has been in charge of the representation;
(2) the present volume of the representation of the merchandise or the rendering of the services in question and the proportion it represents in the business;
(3) the Puerto Rican market share represented by said volume;
(4) any other factor that may equitably help to establish the amount of said good will.
(c) The amount of the benefits obtained from the representation of the merchandise or in the rendering of services, as the case may be, during the last five (5) years, or if less than five (5), five (5) times the average of the annual benefits obtained during the last years, whichever they are.
History —Dec. 5, 1990, No. 21, p. 1496, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279d - Termination of the relationship—Alternative compensation

Regardless of what is established in § 279c of this title, if it is determined that there is no just cause for the termination of the sales representation contract, or for the impairing of the established relationship, or the refusal to renew said contract, the court may grant, at the request of the plaintiff party and after the corresponding hearing, if needed, a compensation which shall not be greater than five percent (5%) of the total sales volume of the product or service for the years in which the representation thereof in the Puerto Rican market was in his charge, if said compensation does not propitiate an unfair enrichment or burden, in detriment of the principal or grantor. In establishing the amount of said alternate compensation, the court shall mainly take into account the compensation received by the sales representative from the principal and the number of years and sales volume that the sales representative produced during said relationship.
History —Dec. 5, 1990, No. 21, p. 1496, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279e - Termination of the relationship—Provisional remedy

In any action in which the termination of a sales representation contract is directly or indirectly involved, or any act that may impair the relationship established between the principal or grantor and the sales representative, the court may grant any provisional remedy or injunction while the suit is pending, to do or desist from doing, or directing any or both of the parties to continue the relationship established by means of the sales representation contract in all its terms, or to abstain from performing any act or omission in detriment thereof. In every case in which the provisional remedy provided herein is requested, the court shall consider the interests of all the parties involved and the purposes of public policy stated in this chapter.
History —Dec. 5, 1990, No. 21, p. 1496, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279f - Construction

The sales representation contracts referred to in this chapter shall be construed pursuant to, and shall be governed by the laws of the Commonwealth of Puerto Rico, and any stipulation to the contrary shall be null. However, this nullity shall not include any arbitration clause agreed upon.
History —Dec. 5, 1990, No. 21, p. 1496, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279g - Waiver of rights

The provisions of this chapter are of public order and therefore, the rights that such provisions determine can not be waived. Due to its redressing nature, this chapter shall be liberally construed for the most effective protection of said rights; in the adjudication of claims that may arise under it, the courts of justice shall acknowledge said rights in favor of whom is effectively in charge of the activities of sales representative, notwithstanding the corporate or contractual structures or mechanisms that the principal or grantor may have created or imposed to conceal the true nature of the established relationship.
History —Dec. 5, 1990, No. 21, p. 1496, § 8.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 14A - Sales Representatives (§§ 279 — 279h) › § 279h - Prescription of the action

Every action derived from this chapter shall prescribe three (3) years from the definitive date termination of the sales representation contract or of the impairing acts, as the case may be.
History —Dec. 5, 1990, No. 21, p. 1496, § 9.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 311 - Publications to show ownership

Each and every newspaper, magazine, periodical, hand-bill or other publication, either printed, lithographed, engraved or turned out by any other mechanical means, shall show in a conspicuous place on one of its pages the name of the person, persons or corporation publishing and editing the same.
History —Feb. 28, 1911, No. 5, p. 62, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 312 - Publications to show ownership—Penalties; persons liable

The first violation of §§ 311 and 312 of this title will be punished with a fine not to exceed five hundred dollars ($500), or six months imprisonment; and in the case of repetition of the offense, the violator shall be fined from five hundred ($500) to one thousand dollars ($1,000) or imprisoned from six months to one year. These penalties will be inflicted upon the proprietor of the publication, and if this be owned by an association or corporation, then the manager or president respectively, will suffer the penalty. In cases where the proprietor is unknown, the editor of the publication, the managing partner and the manager of the printing establishment where the publication has been edited, will be subsidiarily liable for the commission of the offense.
History —Feb. 28, 1911, No. 5, p. 62, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 313 - Advertising regulations—Commonwealth road easements

No person shall erect bill boards, sign or bulletin boards, upon property belonging to, or subject to an easement in favor of the Commonwealth of Puerto Rico upon or adjoining public roads or highways, and that no person shall affix, post, print, paint or otherwise fasten any handbill, sign, poster, advertisement, or notice of any kind whatsoever upon any tree, rock or natural object upon such property.
History —Mar. 10, 1910, No. 55, p. 155, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 314 - Advertising regulations—Sidewalks, streets, and public structures

No person shall paste, post, paint, print, nail, or otherwise fasten any handbill, sign, poster, advertisement, or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, or any other portion or part of any sidewalk or street pavement or upon any tree, lamp post, hitching post, telegraph pole, telephone pole, hydrant, bridge pier, or upon any public structure within the limits of any public street or highway in Puerto Rico.
History —Mar. 10, 1910, No. 55, p. 155, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 315 - Advertising regulations—Social diseases

No person, firm, or corporation shall post, or cause to be posted on any advertising wagons, or upon or in any place within Puerto Rico where same can be seen from the highways, streets, alleys or other public places, any advertisement, handbill, or notice of any character whatsoever giving or purporting to give information from whom or where medicines or remedies of whatever kind may be obtained for the cure, prevention or treatment of uterine diseases, or diseases peculiar to females, venereal diseases, or diseases of the genital organs, or nervous debility, impotence, sterility or barrenness, gonorrhoea, gleet, stricture, syphilis, affection of the prostate gland, abortion or miscarriage, or articles or means of preventing conception.
History —Mar. 10, 1910, No. 55, p. 155, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 316 - Advertising regulations—Obscene pictures

No person, firm or corporation, shall post or paint, or cause to be posted or painted, so that the same can be seen from highways, streets, alleys, or other public places, any advertisements containing pictures or illustrations of an obscene or immoral character.
History —Mar. 10, 1910, No. 55, p. 155, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 317 - Advertising regulations—Sign size; municipal tax; business buildings excepted

No bill board, sign, or bulletin board within the urban limits of the respective municipalities shall exceed ten (10) feet in width by ten feet in height unless placed against a wall. An annual license tax of not to exceed fifty cents per square yard shall be collected by the municipalities from persons erecting such bill boards, sign, or bulletin boards, within the urban limits. Nothing in §§ 313—320 of this title shall be construed to prohibit the display of advertising matter on, or affixed to, buildings occupied for business purposes containing the names of the person or firm therein doing business, or setting forth the names, prices and merits of articles therein sold or description of the business carried on, nor shall it apply to window displays or professional signs, provided that such signs or advertising matter do not infringe §§ 315 and 316 of this title. Nothing in §§ 313—320 of this title shall be construed to prohibit the display of advertising matter within buildings used for business purposes.
History —Mar. 10, 1910, No. 55, p. 155, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 318 - Advertising regulations—Commonwealth tax

Advertising matter displayed on property adjoining the public roads of Puerto Rico shall be subject to an annual Commonwealth tax of fifty cents per square meter; said tax to be levied upon and collected in advance from the owner of the ground or building upon which such advertisement may be displayed, the payment of said tax to be made by the purchasing and canceling of stamps at the offices of the collectors of internal revenue; Provided, That announcements pertaining to the business carried on the premises may be made, under the restrictions above prescribed for advertisers within urban limits, without the payment of such taxes.
History —Mar. 10, 1910, No. 55, p. 155, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 319 - Advertising regulations—Exemptions

Advertisements or announcements of the United States, Commonwealth or municipal governments are hereby exempt from the restrictions of §§ 313—320 of this title.
History —Mar. 10, 1910, No. 55, p. 155, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 320 - Advertising regulations—Penalties; tax collection

Any person, firm or corporation violating any of the provisions of §§ 313—320 of this title or any rule or regulation issued in pursuance of the provisions of §§ 313—320 of this title shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense, and the violation of any of the provisions of §§ 313—320 of this title shall constitute a separate and distinct offense.
The Secretary of the Treasury is hereby granted the same power to make and enforce rules and regulations relative to assessment and collection of taxes imposed by § 318 of this title that he has in the enforcement and collection of internal revenue excise taxes.
History —Mar. 10, 1910, No. 55, p. 155, § 9.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 17 - Publications and Advertisements (§§ 311 — 321) › § 321 - Advertisements for new vehicles

(a) It is hereby established that the miles-per-gallon yield for both city and highway, as determined by the Environmental Protection Agency (EPA) and the U.S. Department of Energy, shall be posted in all advertisements for new automobiles, in type not to be less than one-fourth (¼) the size of the name or price of the model.
(b) The Department of Consumer Affairs shall have all the powers which are necessary and convenient to issue regulations and to take administrative action as pertinent to ensure compliance with this section. Not to constitute a limitation, the Secretary of the Department of Consumer Affairs shall be under the obligation to amend Regulation No. 7231 on Misleading Practices and Advertisements in order to enforce the purposes of this section.
History —Apr. 5, 2007, No. 31, §§ 1, 2; July 17, 2008, No. 119, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 341 - Short title

Sections 341—371 of this title shall be known by the short title of “Puerto Rico Warehouse Act”.
History —June 20, 1925, No. 36, p. 220, § 1, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 342 - Definitions

The term “warehouse”, as used in §§ 341—371 of this title, shall be deemed to mean every house, building or premises within the Commonwealth of Puerto Rico, in which any agricultural product is or may be stored.
The term “agricultural product”, wherever used in §§ 341—371 of this title, shall include cotton, fertilizer, grains and grain products, tobacco, coffee, sugar, rice, beans, and horticultural, forestry, dairy, livestock, poultry, apicultural and other agricultural products or any by-product thereof.
The term “fungible product”, as used in §§ 341—371 of this title, shall be deemed to mean grain, rice, beans and other products handled in bulk and shall not include these products handled in sacks.
As used in §§ 341—371 of this title, “person” includes a corporation, the Commonwealth of Puerto Rico, municipality, joint-stock company, partnership, association or individual.
The term “warehouseman” means a person lawfully engaged in the business of storing agricultural products; and “receipt” means a warehouse receipt.
History —June 20, 1925, No. 36, p. 220, § 2; Apr. 25, 1932, No. 28, p. 248, § 1; May 12, 1934, No. 42, p. 334, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 343 - Powers of Secretary of Agriculture

The Secretary of Agriculture is authorized to investigate the storage of agricultural products, as well as their classification according to grade and otherwise, and the weight and certification thereof; upon application to him by any person applying for a license to operate a warehouse under §§ 341—371 of this title, to inspect such warehouse or to direct the inspection thereof; with or without application to him, to inspect or to direct the inspection, at any time, of all warehouses licensed under §§ 341—371 of this title; to determine whether warehouses for which licenses are applied for and have been issued under §§ 341—371 of this title, are suitable for the proper storage of any agricultural product or products; to classify warehouses, licensed or applying for a license, as to their owners, location, surroundings, capacity, conditions, and other circumstances, and as to the kind of licenses issued or that may be issued for them, pursuant to §§ 341—371 of this title; and to prescribe, within the limitations of §§ 341—371 of this title, the duties of warehousemen authorized hereunder with respect to their care of and responsibility for agricultural products stored in their warehouses; and in cases of emergency, when in his judgment bonded warehouses are necessary but not available, to operate same in accordance with the provisions of §§ 341—371 of this title, in the name and in representation of the Commonwealth of Puerto Rico.
History —June 20, 1925, No. 36, p. 220, § 3; May 12, 1934, No. 42, p. 334, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 344 - Transfers between bonded warehouses

Upon agreement with the respective storers of agricultural products in bonded warehouses operated by the Secretary of Agriculture in accordance with the provisions of § 343 of this title, agricultural products may be transferred from one bonded warehouse of the Commonwealth of Puerto Rico to another, without need of issuing new warehouse receipts, the receipt to show the depositor’s authorization.
History —June 20, 1925, No. 36, p. 220, added as § 3-A on May 12, 1934, No. 42, p. 334, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 345 - License for warehouse; regulations

The Secretary of Agriculture is authorized, upon application to him, to issue to any warehouseman a license for the conduct of a warehouse or warehouses, in accordance with §§ 341—371 of this title and such rules and regulations as may be made hereunder; provided, that each such warehouse be found suitable for the proper storage of the particular agricultural product or products for which a license is applied, and that such warehouseman agree, as a condition to the granting of the license, to comply with and abide by all the terms of §§ 341—371 of this title and the rules and regulations prescribed hereunder.
History —June 20, 1925, No. 36, p. 220, § 4, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 346 - Term of license

Each license issued under §§ 345 and 350 of this title shall be issued for a period not exceeding one (1) year and shall specify the date upon which it is to terminate, and upon a showing satisfactory to the Secretary of Agriculture, it may from time to time be renewed or extended by a written instrument, which shall specify the date of its termination.
History —June 20, 1925, No. 36, p. 220, § 5, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 347 - Bond of warehouseman

Each warehouseman applying for a license to conduct a warehouse in accordance with §§ 341—371 of this title shall, as a condition to the granting thereof, execute and file with the Secretary of Agriculture a good and sufficient bond to the Commonwealth of Puerto Rico to secure the faithful performance of his obligation as a warehouseman under the law of the Commonwealth of Puerto Rico, as well as under the terms of §§ 341—371 of this title and regulations prescribed hereunder, and of such additional obligations as a warehouseman as may be assumed by him under contracts with the respective depositors of agricultural products in such warehouse. Said bond shall be in such form and amount, shall have such surety or sureties, subject to service of process in suits on the bond within the Commonwealth of Puerto Rico, and shall contain such other terms and conditions as the Secretary of Agriculture may prescribe to carry out the purpose of §§ 341—371 of this title; Provided, That said bond may be secured by a pledge, a mortgage, or it may be a personal bond with two (2) or more sureties, or secured by an insurance policy, or certificate of insurance, at the option of the warehouseman. Whenever the Secretary of Agriculture shall determine that a bond approved by him is, or for any cause has become, insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section, and unless the same be given within the time fixed by a written demand therefor, the license of such warehouseman may be suspended or revoked.
History —June 20, 1925, No. 36, p. 220, § 6, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 348 - Suit on bond

Any person injured by the breach of any obligation to secure which a bond is given, under the provisions of § 347 or 350 of this title, shall be entitled to sue in his own name, in any court of competent jurisdiction, to recover the damage he may have sustained by such breach.
History —June 20, 1925, No. 36, p. 220, § 7, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 349 - Bonded warehouse

Upon the filing with and approval by the Secretary of Agriculture of a bond, in compliance with §§ 341—371 of this title, for the conduct of a warehouse, such warehouse shall be designated as a Puerto Rico bonded warehouse, bonded hereunder; but no warehouse shall be designated as bonded under §§ 341—371 of this title, and no name or description conveying the impression that it is so bonded, shall be used, until a bond, such as provided for in § 347 of this title, has been filed with and approved by the Secretary of Agriculture, or unless the license issued under §§ 341—371 of this title for the conduct of such warehouse remains unsuspended and unrevoked.
History —June 20, 1925, No. 36, p. 220, § 8, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 350 - License to person not warehouseman

The Secretary of Agriculture may, under such rules and regulations as he shall prescribe, issue a license to any person not a warehouseman to accept the custody of agricultural products and to store the same in a warehouse or warehouses owned, operated, or leased by the Commonwealth of Puerto Rico or by any municipality, upon condition that such person agree to comply with and abide by the terms of §§ 341—371 of this title and the rules and regulations prescribed hereunder. Each person so licensed shall issue receipt for the agricultural products placed in his custody, and shall give bond, in accordance with the provisions of §§ 341—371 of this title and the rules and regulations hereunder, affecting warehousemen licensed under §§ 341—371 of this title, and shall otherwise be subject to §§ 341—371 of this title and such rules and regulations to the same extent as is provided for warehousemen licensed hereunder.
History —June 20, 1925, No. 36, p. 220, § 9, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 351 - Fees

The Secretary of Agriculture shall charge, assess, and cause to be collected a reasonable fee for every examination or inspection of a warehouse under §§ 341—371 of this title, when such examination or inspection is made upon application of a warehouseman, and a fee not exceeding two dollars ($2) per annum for each license or renewal thereof issued to a warehouseman under §§ 341—371 of this title. All such fees shall be deposited and covered into the Treasury of Puerto Rico.
History —June 20, 1925, No. 36, p. 220, § 10; May 14, 1947, No. 452, p. 972, § 4, eff. July 1, 1947.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 352 - License to certify and classify

The Secretary of Agriculture may, upon presentation of satisfactory proof of competency, issue to any person a license to classify any agricultural product or products, stored or to be stored in a warehouse licensed under §§ 341—371 of this title, according to grade or otherwise, and to certificate the grade or other class thereof; or to weigh the same and certificate the weight thereof; or both to classify and weigh the same and to certificate the grade or other class and the weight thereof, upon condition that such person agree to comply with and abide by the terms of §§ 341—371 of this title and of the rules and regulations prescribed hereunder, so far as the same relate to him.
History —June 20, 1925, No. 36, p. 220, § 11, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 353 - License to certify and classify—Suspension or revocation of such license

Any license issued to any person to classify or to weigh any agricultural product or products under §§ 341—371 of this title, may be suspended or revoked by the Secretary of Agriculture whenever he is satisfied, after the licensee concerned has been given an opportunity to be heard, that such licensee has failed to classify or to weigh any agricultural product or products correctly, or has violated any of the provisions of §§ 341—371 of this title or of the rules and regulations prescribed hereunder, so far as the same may relate to him, or that he has used his license, or allowed it to be used, for any improper purpose whatever. Pending investigation, the Secretary of Agriculture, whenever he deems necessary, may suspend a license temporarily, without a hearing.
History —June 20, 1925, No. 36, p. 220, § 12, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 354 - Discrimination prohibited

Every warehouseman conducting a warehouse licensed under §§ 341—371 of this title, shall receive for storage therein, so far as its capacity permits, any agricultural products of the kind customarily stored therein by him, which may be tendered to him in a suitable condition for warehousing, in the usual manner in the ordinary and usual course of business, without making any discrimination between persons desiring to avail themselves of warehouse facilities.
History —June 20, 1925, No. 36, p. 220, § 13, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 355 - Storage subject to law

Any person who deposits agricultural products for storage in a warehouse licensed under §§ 341—371 of this title, shall be deemed to have deposited the same subject to the terms of §§ 341—371 of this title and the rules and regulations prescribed hereunder.
History —June 20, 1925, No. 36, p. 220, § 14, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 356 - Separation of deposits; mingling

Every warehouseman conducting a warehouse licensed under §§ 341—371 of this title, shall keep therein the agricultural products of one depositor so far separated from the agricultural products of another depositor for which a separate receipt has been issued, as to permit, at all times, the identification and redelivery of agricultural products deposited; but if authorized by agreement or by custom, a warehouseman may mingle fungible agricultural products with other agricultural products of the same kind and grade, and shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and under the same circumstances as if the agricultural products had been kept separate, but he shall at no time while they are in his custody mix fungible agricultural products of different grades, except upon written order of the owner or his agent and the surrender of the warehouse receipts.
History —June 20, 1925, No. 36, p. 220, § 15, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 357 - Receipts

For all agricultural products stored for Commonwealth, interstate or foreign commerce, in a warehouse licensed under §§ 341—371 of this title, an original receipt shall be issued by the warehouseman conducting the same, but no receipts shall be issued except for agricultural products actually stored in the warehouse at the time of the issuance thereof.
History —June 20, 1925, No. 36, p. 220, § 16, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 358 - Receipts—Contents of receipts

Every license issued for agricultural products stored in a warehouse licensed under §§ 341—371 of this title, shall embody within its written or printed terms (a) the location of the warehouse in which the agricultural products are stored; (b) the date of issue of the receipt; (c) the consecutive number of receipt; (d) a statement whether the agricultural products received will be delivered to the bearer, to a specified person, or to a specified person or his order; (e) the rate of storage charge; (f) a description of the agricultural products received, showing the quantity thereof, or, in case of agricultural products customarily put up in bales or packages, a description of such bales or packages by marks, numbers or other means of identification and the weight of such bales or packages; (g) the grade or other class of the agricultural products received and the standard or description in accordance with which such classification has been made; Provided, That such grade or other class shall be stated according to the official standard of the United States applicable to such agricultural products, as the same may be fixed and promulgated under authority of law; Provided, further, That until such official standards of the United States for any agricultural product or products have been fixed and promulgated, the grade or other class thereof may be stated in accordance with any recognized standard or in accordance with such rules and regulations not inconsistent herewith as may be prescribed by the Secretary of Agriculture; (h) a statement that the receipt is issued subject to the Puerto Rico Warehouse Act and the rules and regulations prescribed thereunder; (i) if the receipt be issued for agricultural products of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership; (j) statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien; Provided, That if the precise amount of such advances made or of such liabilities incurred be, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof, shall be sufficient; (k) such other terms and conditions within the limitations of §§ 341—371 of this title as may be required by the Secretary of Agriculture, and (l) the signature of the warehouseman, which may be made by his authorized agent; Provided, That unless otherwise required by law, when requested by the depositor of other than fungible agricultural products, a receipt omitting compliance with subsection (g) of this section may be issued.
History —June 20, 1925, No. 36, p. 220, § 17, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 359 - Establishment of standards

The Secretary of Agriculture is authorized, from time to time, to establish and promulgate standards for agricultural products in §§ 341—371 of this title defined, by which their quality or value may be judged or determined; Provided, That federal standards for grain, established under authority of the United States Grain Standards Act, shall be considered as the official standards for Puerto Rico under the provisions of §§ 341—371 of this title.
History —June 20, 1925, No. 36, p. 220, § 18, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 360 - Replacement of lost or destroyed receipt

While an original receipt issued under §§ 341—371 of this title is outstanding and uncanceled by the warehouseman issuing the same, no other or further receipt shall be issued for the agricultural product covered thereby or for any part thereof, except that in the case of a lost or destroyed receipt, a new receipt, upon the same terms and subject to the same conditions and bearing on its face the number and date of the receipt in lieu of which it is issued, may be issued upon compliance with the statutes of the Commonwealth of Puerto Rico applicable thereto, in places under the exclusive jurisdiction of the Commonwealth of Puerto Rico.
History —June 20, 1925, No. 36, p. 220, § 19, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 361 - Delivery of products upon demand

A warehouseman conducting a warehouse licensed under §§ 341—371 of this title, in the absence of some lawful excuse, shall, without unnecessary delay, deliver the agricultural products stored therein upon a demand made either by the holder of a receipt for such agricultural products or by the depositor thereof, if such demand be accompanied by:
(a) An offer to satisfy the warehouseman’s lien;
(b) an offer to surrender the receipt, if negotiable, with such endorsement as would be necessary for the negotiation of the receipt, and
(c) a readiness and willingness to sign, when the products are delivered, an acknowledgment that they have been delivered, if such signature is requested by the warehouseman.
History —June 20, 1925, No. 36, p. 220, § 20, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 362 - Cancellation of receipt

A warehouseman conducting a warehouse licensed under §§ 341—371 of this title, shall plainly cancel each receipt returned to him upon the delivery by him of the agricultural products for which the receipt was issued.
History —June 20, 1925, No. 36, p. 220, § 21, eff. 90 days after June 20, 1925.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 19 - Regulation of Warehouses (§§ 341 — 371) › § 363 - Records of warehouseman

Every warehouseman conducting a warehouse licensed under §§ 341—371 of this title, shall keep in a place of safety complete and correct records of all agricultural products stored therein and withdrawn therefrom, of all warehouse receipts issued by him, and of the receipts returned to and canceled by him, he shall make report to the Secretary of Agriculture concerning such warehouse and the condition, contents, operations, and business thereof, in such form and at such times as he may require, and shall conduct said warehouse in all other respects in compliance with §§ 341—371 of this title and the rules and regulations made hereunder.
History —June 20, 1925, No. 36, p. 220, § 22, eff. 90 days after June 20, 1925.