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

"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 ]

Added at 33 Ill. Reg. 1647, effective January 16, 2009

Amended at 47 Ill. Reg. 5939, effective 4/12/2023