Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 281 - GRAIN CODE › Section 281.7 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Central Filing System" or "CFS" means an electronic system
				operated and maintained by a provider where information relating to warehouse
				receipts, electronic price later contracts and other electronic documents is
				recorded and maintained in a confidential and secure fashion independent of any
				outside influence or bias in action or appearance, and that is authorized by
				the Director.
"Code" means the Grain Code [240 ILCS 40
				].
"Department" means the Illinois Department of
				Agriculture.
"Director" means the Illinois Director of Agriculture,
				or the Director's designee.
"Electronic Document" means a document that is
				generated, sent, received, or stored by electrical, digital, magnetic, optical
				electromagnetic, or any other similar means, including, but not limited to,
				electronic data interchange, electronic mail, telegram, telex, or
				telecopy.
"Electronic Price Later Contract" or "EPLC" means a price later
				contract that is issued, transmitted, and stored in the form of an electronic
				document.
"Electronic record" means a record created, generated, sent,
				communicated, received, maintained, or stored by electronic means as set forth
				in the Uniform Electronic Transactions Act [815 ILCS
				833/2 ].
"Electronic signature" means an electronic sound, symbol, or
				process attached to or logically associated with a record and executed or
				adopted by a person with the intent to sign the record as defined in the
				Uniform Electronic Transactions Act [815 ILCS
				833/2 ].
"Electronic Warehouse Receipt" or "EWR" means a
				warehouse receipt that is issued or transmitted in the form of an electronic
				document.
"FSA" means Farm Service Agency under the United States
				Department of Agriculture.
"Holder", with respect to an electronic warehouse receipt or
				any other electronic document, means a person in possession in fact or by
				operation of law.
"Licensee" means a grain dealer or warehouseman who is
				licensed by the Department and a federal warehouseman that is a participant in
				the Illinois Grain Insurance Fund.
"OSFM" means the Office of the State Fire Marshal of
				Illinois.
"Price Later Contract" means a contract, in written or
				electronic form, for the sale of grain whereby any part of the purchase price
				may be established by the seller after delivery of the grain to a grain dealer
				according to the pricing formula contained in the contract. Title to the grain
				passes to the grain dealer at the time of delivery. The precise form and the
				general terms and conditions of the contract shall be established by
				rule.
"Provider" means a disinterested third party that maintains one
				or more confidential and secure electronic systems independent of any outside
				interference or bias in action or appearance and that is authorized by the
				Director to be a provider.
"Provider Agreement" means the document and any amendment or
				addenda to an agreement executed by the provider and FSA or USDA pursuant to
				7 CFR
				735 that sets forth the provider's
				responsibilities concerning the provider's operation or maintenance of a
				CFS.
"Security procedure" means a procedure employed for the purpose
				of verifying that an electronic signature, record, or performance is that of a
				specific person or for detecting changes or errors in the information in an
				electronic record. The term includes a procedure that requires the use of
				algorithms or other codes, identifying words or numbers, encryption, or
				callback or other acknowledgment procedures as defined in the Uniform
				Electronic Transactions Act [815 ILCS 333/2 ].
"USDA" means United States Department of Agriculture.
"User" means an entity that uses a provider's CFS.
"Warehouse" means a building, structure, or enclosure
				in which grain is stored for the public for compensation, whether grain of
				different owners is commingled or whether identity of different lots of grain
				is preserved.
"Warehouse Receipt" means a receipt for the storage of
				grain issued by a warehouseman.
[240 ILCS
				40/1-10 ]