-CITE-

7 USC CHAPTER 3 - GRAIN STANDARDS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

.

-HEAD-

CHAPTER 3 - GRAIN STANDARDS

-MISC1-

Sec.

71. Short title.

72, 73. Omitted.

74. Congressional findings and declaration of policy.

75. Definitions.

75a. Repealed.

75b. Omitted.

76. Standards and procedures; establishment, amendment, and

revocation.

(a) Authority of Secretary.

(b) Notice and opportunity for comment; standards

regarding cleanliness of grain.

(c) Grade determining factors related to physical

soundness and purity; notice and opportunity

for comment.

(d) Moisture content criterion.

77. Official inspection and weighing requirements; waiver;

supervision by representatives of Secretary.

(a) Official samples and certificates; waiver;

excepted grains.

(b) Supervision by representatives of Secretary.

(c) Testing for aflatoxin contamination of corn

shipped in foreign commerce.

78. Use of official grade designations required; false or

misleading grade designations for grain shipped out of the United

States.

79. Official inspection.

(a) Grain required to be officially inspected.

(b) Inspections made pursuant to request of

interested persons.

(c) Reinspections and appeals; cancellation of

superseded certificates; sale of samples.

(d) Official certificates as evidence.

(e) Official inspection at export port locations;

delegation of authority to State agencies.

(f) Official inspections at other than export port

locations; designation of agencies or persons

to conduct official inspections.

(g) Termination, renewal, amendment, cancellation,

and revocation of designations of official

agencies.

(h) Official inspections at locations other than

export port locations when designated official

agencies are not available.

(i) Official inspections in Canadian ports.

(j) Fees; establishment, amount, payment, etc.

79a. Weighing authority.

(a) Official weighing in accordance with prescribed

regulations.

(b) Official weighing or supervision of weighing at

grain elevators, warehouses, or other storage

or handling facilities located other than at

export elevators at export port locations.

(c) Personnel performing official weighing or

supervision of weighing at locations at which

official inspection is provided.

(d) Official weighing in Canadian ports.

(e) Official weighing or supervision of weighing upon

request of operators of grain elevators,

warehouses, or other storage or handling

facilities.

(f) Demonstrated willingness of operators of grain

elevators, warehouses, or other storage or

handling facilities to meet equipment and

personnel requirements.

(g) Official certificates as evidence.

(h) Weighing prohibited when not in accordance with

prescribed procedures.

(i) Unauthorized weighing prohibited.

(j) Authority under United States Warehouse Act not

limited.

(k) Access to elevators, warehouses, or other storage

or handling facilities.

(l) Fees; establishment, amount, payment, etc.

79b. Testing of equipment.

(a) Random and periodic testing at least annually;

fees.

(b) Personnel to conduct testing.

(c) Use of non-approved equipment prohibited.

79c. Omitted.

79d. Limitation on administrative and supervisory costs.

80 to 83. Omitted.

84. Licensing of inspectors.

(a) Authorization.

(b) Duration of licenses; suspension; reinstatement.

(c) Examination of applicants; reexaminations.

(d) Inspectors performing under contract not deemed

Federal employees.

(e) Hiring of official inspection personnel and

supervisory personnel without regard to laws

governing appointments to the competitive

service.

(f) Periodic rotation of personnel.

(g) Recruitment, training, and supervision of

personnel; work production standards; exemption

for certain personnel.

85. Suspension, revocation, and refusal to renew licenses; hearing;

grounds; temporary suspension.

86. Refusal of inspection and weighing services; civil penalties.

(a) Grounds for refusal of services.

(b) Persons responsibly connected with a business.

(c) Civil penalties.

(d) Opportunity for hearing; temporary refusal

without hearing pending final determination.

(e) Collection and disposition of civil penalties.

87. Conflicts of interest.

(a) Prohibition with respect to persons licensed or

authorized by Secretary to perform official

functions.

(b) Prohibition with respect to personnel of official

or State agencies and business or governmental

entities related to such agencies; substantial

stock holder; use of official inspection

service; authority delegation; report to

Congressional committees.

(c) Official agencies or State agencies not prevented

from engaging in business of weighing grain.

87a. Records.

(a) Samples of grain.

(b) Period of maintenance.

(c) Access to records; audits.

(d) Maintenance of records by persons or entities

receiving official inspection or weighing

services; access to records and facilities.

87b. Prohibited acts.

87c. Criminal penalties.

87d. Responsibility for acts of others.

87e. General authorities.

(a) Authority of Secretary.

(b) Investigation of reports or complaints of

discrepancies and abuses in official inspection

or weighing of grain.

(c) Monitoring of United States grain upon its entry

into foreign nations.

(d) Authority of Office of Investigation of

Department of Agriculture.

(e) Research program to develop methods of improving

accuracy and uniformity in grading grain.

(f) Adequate personnel to meet inspection and

weighing requirements.

(g) Testing of certain weighing equipment.

(h) Testing of grain inspection instruments.

(i) Additional for fee services.

(j) Deposit of fees.

(k) Official courtesies.

87e-1. Repealed.

87f. Enforcement provisions.

(a) Subpena power.

(b) Disobedience of subpena.

(c) Court order requiring attendance and testimony of

witnesses.

(d) Fees and mileage costs of witnesses.

(e) Violation of subpena as misdemeanor.

(f), (g) Repealed.

(h) District court jurisdiction.

87f-1. Registration requirements.

(a) General requirement.

(b) Required information.

(c) Certificate of registration.

(d) Suspension or registration of certificate of

registration.

(e) Fees.

87f-2. Reporting requirements.

(a) General requirements; annual report to

Congressional committees.

(b) Notification of Congressional committees of

complaints regarding faulty grain deliveries

and cancellation of export contracts.

(c) Submission to Congressional committees of annual

summary of complaints from foreign purchasers

and prospective purchasers of grain.

87g. Relation to State and local laws; separability.

87h. Appropriations.

87i. Omitted.

87j. Advisory committee.

(a) Establishment; number and terms of members.

(b) Federal Advisory Committee Act as governing.

(c) Clerical assistance and staff personnel.

(d) Compensation and travel expenses.

(e) Expiration of Secretary's authority.

87k. Standardizing commercial inspections.

(a) Testing equipment.

(b) General inspection procedures.

(c) Inspection services and information.

(d) Standardized aflatoxin equipment and procedures.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 420 of this title.

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7 USC Sec. 71 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 71. Short title

-STATUTE-

This chapter may be cited as the ''United States Grain Standards

Act.''

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 1, 39 Stat. 482; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 761.)

-COD-

CODIFICATION

This chapter constitutes part B of ''An act making appropriations

for the Department of Agriculture for the fiscal year ending June

30, 1917, and for other purposes,'' approved Aug. 11, 1916. Part A

of act of Aug. 11, 1916, containing the ''United States Cotton

Futures Act,'' was repealed by section 4 of act Feb. 10, 1939, ch.

2, 53 Stat. 1. Part C of that act contained the ''United States

Warehouse Act,'' and is incorporated, as amended, as section 241 et

seq. of this title.

Section is comprised of part of section 1 of part B of act Aug.

11, 1916. Other provisions contained in section 1 were classified

to former sections 72 and 73 of this title.

-MISC3-

AMENDMENTS

1968 - Pub. L. 90-487 substituted ''may be cited as'' for ''shall

be known by the short title of''.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-487 effective 180 days after Aug. 15,

1968, see section 2 of Pub. L. 90-487, set out as a note under

section 78 of this title.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-472, Sec. 1(a), Nov. 9, 2000, 114 Stat. 2058,

provided that: ''This Act (enacting sections 228d, 241 to 256,

918a, and 1726b of this title and section 1012 of Title 16,

Conservation, amending sections 15b, 77, 79, 79a, 79b, 79d, 84,

87b, 87h, 87j, 229, 1622, 1736a, 1926, 2009d, 5101, 5102, and 5106

of this title and sections 1766 and 1786 of Title 42, The Public

Health and Welfare, repealing section 87e-1 of this title, enacting

provisions set out as notes under sections 79, 181, 241, and 1314e

of this title and section 1786 of Title 42, amending provisions set

out as notes under sections 74, 612c, and 1421 of this title, and

repealing provisions set out as notes under sections 75a, 76, and

79 of this title) may be cited as the 'Grain Standards and

Warehouse Improvement Act of 2000'.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-156, Sec. 1(a), Nov. 24, 1993, 107 Stat. 1525,

provided that: ''This Act (amending sections 75 to 77, 79 to 79b,

79d, 84 to 87e, 87f, 87f-1, 87h, 87j, and 87k of this title,

enacting provisions set out as a note under section 75 of this

title, and repealing provisions set out as a note under section 79

of this title) may be cited as the 'United States Grain Standards

Act Amendments of 1993'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-624, title XX, Sec. 2001, Nov. 28, 1990, 104 Stat.

3928, provided that: ''This title (enacting sections 75b, 87k,

1427-1, 1593a, and 1622a of this title, amending sections 74, 76,

77, 87b, 1423, and 1445e of this title, and enacting provisions set

out as a note under section 76 of this title) may be cited as the

'Grain Quality Incentives Act of 1990'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-518, Sec. 1, Oct. 24, 1988, 102 Stat. 2584, provided

that: ''This Act (enacting sections 79d and 87j of this title,

amending sections 55, 79, 79a, and 87h of this title, and enacting

provisions set out as notes under sections 79 and 1421 of this

title) may be cited as the 'United States Grain Standards Act

Amendments of 1988'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-641, title III, Sec. 301, Nov. 10, 1986, 100 Stat.

3564, provided that: ''This title (amending sections 74 and 87b of

this title and enacting provisions set out as notes under sections

76 and 87b of this title) may be cited as the 'Grain Quality

Improvement Act of 1986'.''

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-582, Oct. 21, 1976, 90 Stat. 2867,

provided: ''That this Act (enacting sections 75a, 79a, 79b, 87e-1,

87f-1, and 87f-2 of this title, amending sections 74, 75, 76, 77,

78, 79, 84, 85, 86, 87, 87a, 87b, 87c, 87e, 87f, 87g, and 87h of

this title, section 5316 of Title 5, Government Organization and

Employees, and section 1114 of Title 18, Crimes and Criminal

Procedure, and enacting provisions set out as notes under sections

74, 75a, 76, and 79 of this title) may be cited as the 'United

States Grain Standards Act of 1976'.''

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7 USC Sec. 72, 73 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 72, 73. Omitted

-COD-

CODIFICATION

Sections were omitted in the general reorganization of this

chapter by Pub. L. 90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 761.

Section 72, act Aug. 11, 1916, ch. 313, pt. B, Sec. 1 (part), 39

Stat. 482, defined the words ''person'' and ''in interstate or

foreign commerce''. See section 75 of this title.

Section 73, act Aug. 11, 1916, ch. 313, pt. B, Sec. 1 (part), 39

Stat. 482, made associations, partnerships, and corporations liable

for the acts of their agents within the scope of their employment

or office. See section 87d of this title.

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7 USC Sec. 74 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 74. Congressional findings and declaration of policy

-STATUTE-

(a) Grain is an essential source of the world's total supply of

human food and animal feed and is merchandised in interstate and

foreign commerce. It is declared to be the policy of the Congress,

for the promotion and protection of such commerce in the interests

of producers, merchandisers, warehousemen, processors, and

consumers of grain, and the general welfare of the people of the

United States, to provide for the establishment of official United

States standards for grain, to promote the uniform application

thereof by official inspection personnel, to provide for an

official inspection system for grain, and to regulate the weighing

and the certification of the weight of grain shipped in interstate

or foreign commerce in the manner hereinafter provided; with the

objectives that grain may be marketed in an orderly and timely

manner and that trading in grain may be facilitated. It is hereby

found that all grain and other articles and transactions in grain

regulated under this chapter are either in interstate or foreign

commerce or substantially affect such commerce and that regulation

thereof as provided in this chapter is necessary to prevent or

eliminate burdens on such commerce and to regulate effectively such

commerce.

(b) It is also declared to be the policy of Congress -

(1) to promote the marketing of grain of high quality to both

domestic and foreign buyers;

(2) that the primary objective of the official United States

standards for grain is to certify the quality of grain as

accurately as practicable; and

(3) that official United States standards for grain shall -

(A) define uniform and accepted descriptive terms to

facilitate trade in grain;

(B) provide information to aid in determining grain

storability;

(C) offer users of such standards the best possible

information from which to determine end-product yield and

quality of grain;

(D) provide the framework necessary for markets to establish

grain quality improvement incentives;

(E) reflect the economic value-based characteristics in the

end uses of grain; and

(F) accommodate scientific advances in testing and new

knowledge concerning factors related to, or highly correlated

with, the end use performance of grain.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 2, 39 Stat. 482; July 18,

1940, ch. 636, 54 Stat. 765; Pub. L. 90-487, Sec. 1, Aug. 15, 1968,

82 Stat. 761; Pub. L. 94-582, Sec. 2, Oct. 21, 1976, 90 Stat. 2867;

Pub. L. 99-641, title III, Sec. 302, Nov. 10, 1986, 100 Stat. 3564;

Pub. L. 101-624, title XX, Sec. 2004, Nov. 28, 1990, 104 Stat.

3929.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b)(3)(E), (F). Pub. L. 101-624 added subpars. (E)

and (F).

1986 - Pub. L. 99-641 designated existing provisions as subsec.

(a) and added subsec. (b).

1976 - Pub. L. 94-582 expressed the policy of Congress to

regulate the weighing and the certification of the weight of grain

shipped in interstate or foreign commerce and the finding of

Congress of the necessity to regulate grain transactions to prevent

or eliminate burdens on commerce and to regulate effectively such

interstate or foreign commerce, and provided that the grain be

marketed in a timely manner.

1968 - Pub. L. 90-487 substituted a declaration of policy by the

Congress for provisions authorizing promulgation and establishment

of grain standards by Secretary of Agriculture.

1940 - Act July 18, 1940, inserted ''soybeans,'' after

''flaxseed,''.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 27 of Pub. L. 94-582, as amended by Pub. L. 95-113, title

XVI, Sec. 1602(d), 1605(b), 1607(b), 1608, Sept. 29, 1977, 91 Stat.

1025, 1030, 1031; Pub. L. 106-472, title I, Sec. 110(c), Nov. 9,

2000, 114 Stat. 2061, provided that: ''This Act (see Short Title of

1976 Amendment note set out under section 71 of this title) shall

become effective thirty days after enactment hereof (Oct. 21,

1976).

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79, 79a, 86, 87e, 87f-2,

87j of this title.

-CITE-

7 USC Sec. 75 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 75. Definitions

-STATUTE-

When used in this chapter, except where the context requires

otherwise -

(a) the term ''Secretary'' means the Secretary of Agriculture

of the United States or delegates of the Secretary;

(b) the term ''Department of Agriculture'' means the United

States Department of Agriculture;

(c) the term ''person'' means any individual, partnership,

corporation, association, or other business entity;

(d) the term ''United States'' means the States (including

Puerto Rico) and the territories and possessions of the United

States (including the District of Columbia);

(e) the term ''State'' means any one of the States (including

Puerto Rico) or territories or possessions of the United States

(including the District of Columbia);

(f) the term ''interstate or foreign commerce'' means commerce

from any State to or through any other State, or to or through

any foreign country;

(g) the term ''grain'' means corn, wheat, rye, oats, barley,

flaxseed, sorghum, soybeans, mixed grain, and any other food

grains, feed grains, and oilseeds for which standards are

established under section 76 of this title;

(h) the term ''export grain'' means grain for shipment from the

United States to any place outside thereof;

(i) the term ''official inspection'' means the determination

(by original inspection, and when requested, reinspection and

appeal inspection) and the certification, by official inspection

personnel of the kind, class, quality, or condition of grain,

under standards provided for in this chapter, or the condition of

vessels and other carriers or receptacles for the transportation

of grain insofar as it may affect the quality or condition of

such grain; or other facts relating to grain under other criteria

approved by the Secretary under this chapter (the term

''officially inspected'' shall be construed accordingly);

(j) the term ''official inspection personnel'' means persons

licensed or otherwise authorized by the Secretary pursuant to

section 84 of this title to perform all or specified functions

involved in official inspection, official weighing, or

supervision of weighing, or in the supervision of official

inspection, official weighing or supervision of weighing;

(k) the term ''official mark'' means any symbol prescribed by

regulations of the Secretary to show the official determination

of official inspection or official weighing;

(l) the term ''official grade designation'' means a numerical

or sample grade designation, specified in the standards relating

to kind, class, quality, and condition of grain, provided for in

this chapter;

(m) the term ''official agency'' means any State or local

governmental agency, or any person, designated by the Secretary

pursuant to subsection (f) of section 79 of this title for the

conduct of official inspection (other than appeal inspection), or

subsection (c) of section 79a of this title for the conduct of

official weighing or supervision of weighing (other than appeal

weighing);

(n) the terms ''official certificate'' and ''official form''

mean, respectively, a certificate or other form prescribed by

regulations of the Secretary under this chapter;

(o) the term ''official sample'' means a sample obtained from a

lot of grain by, and submitted for official inspection by,

official inspection personnel (the term ''official sampling''

shall be construed accordingly);

(p) the term ''submitted sample'' means a sample submitted by

or for an interested person for official inspection, other than

an official sample;

(q) the term ''lot'' means a specific quantity of grain

identified as such;

(r) the term ''interested person'' means any person having a

contract or other financial interest in grain as the owner,

seller, purchaser, warehouseman, or carrier, or otherwise;

(s) the verb ''ship'' with respect to grain means transfer

physical possession of the grain to another person for the

purpose of transportation by any means of conveyance, or

transport one's own grain by any means of conveyance;

(t) the terms ''false'', ''incorrect'', and ''misleading''

mean, respectively, false, incorrect, and misleading in any

particular;

(u) the term ''deceptive loading, handling, weighing, or

sampling'' means any manner of loading, handling, weighing, or

sampling that deceives or tends to deceive official inspection

personnel, as specified by regulations of the Secretary under

this chapter;

(v) the term ''export elevator'' means any grain elevator,

warehouse, or other storage or handling facility in the United

States as determined by the Secretary, from which grain is

shipped from the United States to an area outside thereof;

(w) the term ''export port location'' means a commonly

recognized port of export in the United States or Canada, as

determined by the Secretary, from which grain produced in the

United States is shipped to any place outside the United States;

(x) the term ''official weighing'' means the determination and

certification by official inspection personnel of the quantity of

a lot of grain under standards provided for in this chapter,

based on the actual performance of weighing or the physical

supervision thereof, including the physical inspection and

testing for accuracy of the weights and scales and the physical

inspection of the premises at which the weighing is performed and

the monitoring of the discharge of grain into the elevator or

conveyance (the terms ''officially weigh'' and ''officially

weighed'' shall be construed accordingly);

(y) the term ''supervision of weighing'' means such supervision

by official inspection personnel of the grain-weighing process as

is determined by the Secretary to be adequate to reasonably

assure the integrity and accuracy of the weighing and of

certificates which set forth the weight of the grain and such

physical inspection by such personnel of the premises at which

the grain weighing is performed as will reasonably assure that

all the grain intended to be weighed has been weighed and

discharged into the elevator or conveyance; and

(z) the term ''intracompany shipment'' means the shipment,

within the United States, of grain lots between facilities owned

or controlled by the person owning the grain. The shipment of

grain owned by a cooperative, from a facility owned by that

cooperative, to an export facility which it jointly owns with

other cooperatives, qualifies as an intracompany shipment.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 3, 39 Stat. 483; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 761; Pub. L. 94-582, Sec.

3, Oct. 21, 1976, 90 Stat. 2867; Pub. L. 95-113, title XVI, Sec.

1604(a), 1606(a), Sept. 29, 1977, 91 Stat. 1026, 1030; Pub. L.

96-437, Sec. 1, Oct. 13, 1980, 94 Stat. 1870; Pub. L. 102-237,

title X, Sec. 1007(1), Dec. 13, 1991, 105 Stat. 1897; Pub. L.

103-156, Sec. 12(a), Nov. 24, 1993, 107 Stat. 1528; Pub. L.

103-354, title II, Sec. 293(a)(1), (7), Oct. 13, 1994, 108 Stat.

3237.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' wherever appearing in subsecs. (i) to (k), (m),

(n), (u) to (w), and (y), redesignated subsec. (bb) as (z), and

struck out former subsecs. (z) and (aa) which read as follows:

''(z) the term 'Administrator' means the Administrator of the

Federal Grain Inspection Service or delegates of the Administrator;

''(aa) the term 'Service' means the Federal Grain Inspection

Service; and''.

1993 - Pub. L. 103-156, Sec. 12(a), which directed amendment of

''Section 3'', without specifying the name of the Act being

amended, was executed to this section, which is section 3 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a). Pub. L. 103-156, Sec. 12(a)(1), substituted

''delegates of the Secretary'' for ''his delegates''.

Subsec. (z). Pub. L. 103-156, Sec. 12(a)(2), substituted

''delegates of the Administrator'' for ''his delegates''.

1991 - Subsecs. (i) to (k), (u) to (x), (z), (aa). Pub. L.

102-237 substituted ''the'' for ''The'' before ''term''.

1980 - Subsec. (bb). Pub. L. 96-437 added subsec. (bb).

1977 - Subsec. (g). Pub. L. 95-113, Sec. 1604(a)(1), substituted

''sorghum'' for ''grain sorghum''.

Subsec. (i). Pub. L. 95-113, Sec. 1606(a), struck out reference

to the determination of the quantity of sacks of grain upon the

request of the interested party applying for inspection.

Subsec. (m). Pub. L. 95-113, Sec. 1604(a)(2), substituted ''or

subsection (c) of section 79a of this title for the conduct of

official weighing or supervision of weighing (other than appeal

weighing)'' for ''or subsection (b) of section 79a of this title

for the conduct of supervision of weighing''.

Subsec. (x). Pub. L. 95-113, Sec. 1604(a)(3), substituted ''under

standards provided for in this chapter'' for ''under standards

provided in this chapter''.

Subsec. (y). Pub. L. 95-113, Sec. 1604(a)(4), substituted ''such

supervision by official inspection personnel of the grain-weighing

process as is determined by the Administrator to be adequate to

reasonably assure the integrity and accuracy of the weighing and of

certificates which set forth the weight of the grain and such

physical inspection by such personnel of the premises at which the

grain weighing is performed as will reasonably assure that all the

grain intended to be weighed has been weighed and discharged into

the elevator or conveyance'' for ''the supervision of the weighing

process and of the certification of the weight of grain, and the

physical inspection of the premises at which the weighing is

performed to assure that all the grain intended to be weighed has

been weighed and discharged into the elevator or conveyance

represented on the weight certificate or other document''.

1976 - Subsec. (i). Pub. L. 94-582, Sec. 3(a), substituted

''Administrator'' for ''Secretary'', and expanded definition of

''official inspection'' to include determination ''(by original

inspection, and when requested, reinspection and appeal

inspection)'' and determination and certification of the condition

of vessels and other carriers or receptacles for the transportation

of grain insofar as it may affect the quality or condition of the

grain.

Subsec. (j). Pub. L. 94-582, Sec. 3(b), in redefining ''official

inspection personnel'', substituted provision declaring term to

mean ''persons licensed or otherwise authorized by the

Administrator pursuant to section 84 of this title to perform all

or specified functions involved in official inspection, official

weighing, or supervision of weighing, or in the supervision of

official inspection, official weighing or supervision of weighing''

for ''employees of State or other governmental agencies or

commercial agencies or other persons who are licensed to perform

all or specified functions involved in official inspection under

this chapter; employees of the Department of Agriculture who are

authorized to supervise official inspection and to conduct appeal

inspection or initial inspection of United States grain in Canadian

ports''.

Subsec. (k). Pub. L. 94-582, Sec. 3(c), substituted

''Administrator'' for ''Secretary'' and ''official inspection or

official weighing'' for ''an official inspection''.

Subsec. (l). Pub. L. 94-582, Sec. 3(d), substituted ''standards

relating to kind, class, quality, and condition of grain,'' for

''standards''.

Subsec. (m). Pub. L. 94-582, Sec. 3(e), substituted definition of

''official agency'' meaning ''any State or local governmental

agency, or any person, designated by the Administrator pursuant to

subsection (f) of section 79 of this title for the conduct of

official inspection (other than appeal inspection), or subsection

(b) of section 79a of this title for the conduct of supervision of

weighing'' for definition of ''official inspection agency'' meaning

''the agency or person located at an inspection point designated by

the Secretary for the conduct of official inspection under this

chapter''.

Subsec. (n). Pub. L. 94-582, Sec. 3(f), substituted

''Administrator'' for ''Secretary''.

Subsec. (u). Pub. L. 94-582, Sec. 3(g), included within term

defined and its definition the concept of ''weighing'' and

substituted ''Administrator'' for ''Secretary''.

Subsecs. (v) to (aa). Pub. L. 94-582, Sec. 3(h), added subsecs.

(v) to (aa).

1968 - Pub. L. 90-487 substituted provisions defining terms used

in the chapter for provisions that the standards fixed and

established by the Secretary of Agriculture be known as the

official grain standards of the United States.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 16 of Pub. L. 103-156 provided that:

''(a) In General. - Except as provided in subsection (b), the

amendments made by this Act (amending this section and sections 75a

to 77, 79 to 79b, 79d, 84 to 87e, 87f, 87f-1, 87h, 87j, and 87k of

this title and repealing provisions set out as a note under section

79 of this title) shall take effect on the date of the enactment of

this Act (Nov. 24, 1993).

''(b) Special Effective Date for Certain Provisions. - The

amendments made by sections 2, 3, and 13(a) (amending sections 79d

and 87h of this title and repealing provisions set out as a note

under section 79 of this title) shall take effect as of September

30, 1993.''

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 sections 10709, 11101.

-CITE-

7 USC Sec. 75a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 75a. Repealed. Pub. L. 103-354, title II, Sec. 293(a)(2), Oct.

13, 1994, 108 Stat. 3237

-MISC1-

Section, act Aug. 11, 1916, ch. 313, pt. B, Sec. 3A, as added

Oct. 21, 1976, Pub. L. 94-582, Sec. 4, 90 Stat. 2868; amended Sept.

29, 1977, Pub. L. 95-113, title XVI, Sec. 1604(b), 91 Stat. 1026;

Nov. 24, 1993, Pub. L. 103-156, Sec. 15, 107 Stat. 1530,

established Federal Grain Inspection Service in Department of

Agriculture and provided for cost containment plan to make the

Service more efficient.

-CITE-

7 USC Sec. 75b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 75b. Omitted

-COD-

CODIFICATION

Section, Pub. L. 101-624, title XX, Sec. 2002, Nov. 28, 1990, 104

Stat. 3928, provided for establishment of Committee on Grain

Quality and Grain Quality Coordinator, established duties of

Coordinator with respect to grain quality and competitiveness, and

provided for termination of section on Jan. 1, 2001.

-CITE-

7 USC Sec. 76 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 76. Standards and procedures; establishment, amendment, and

revocation

-STATUTE-

(a) Authority of Secretary

The Secretary is authorized to investigate the handling,

weighing, grading, and transportation of grain and to fix and

establish (1) standards of kind, class, quality, and condition for

corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed

grain, and such other grains as in the judgment of the Secretary

the usages of the trade may warrant and permit, and (2) standards

or procedures for accurate weighing and weight certification and

controls, including safeguards over equipment calibration and

maintenance, for grain shipped in interstate or foreign commerce;

and the Secretary is authorized to amend or revoke such standards

or procedures whenever the necessities of the trade may require.

(b) Notice and opportunity for comment; standards regarding

cleanliness of grain

(1) Before establishing, amending, or revoking any standards

under this chapter, the Secretary shall publish notice of the

proposals and give interested persons opportunity to submit data,

views, and arguments thereon and, upon request, an opportunity to

present data, views, and arguments orally in an informal manner.

No standards established or amendments or revocations of standards

under this chapter shall become effective less than one calendar

year after promulgation thereof, unless in the judgment of the

Secretary, the public health, interest, or safety require that they

become effective sooner.

(2)(A)(i) If the Secretary determines that the establishment or

amendment of standards regarding cleanliness conditions of wheat,

corn, barley, sorghum and soybeans that meet the requirements for

grade number 3 or better (as set forth in subparagraph (B)) would -

(I) enhance the competitiveness of exports of wheat, corn,

barley, sorghum and soybeans from the United States with wheat,

corn, barley, sorghum and soybean exports marketed by other major

exporters;

(II) result in the maintenance or expansion of the United

States export market share for wheat, corn, barley, sorghum and

soybeans;

(III) result in the maintenance or increase of United States

producer income; and

(IV) be in the interest of United States agriculture, taking

into consideration technical constraints, economic benefits and

costs to producers and industry, price competitiveness, and

importer needs;

the Secretary shall establish or amend the standards to include

economically and commercially practical levels of cleanliness for

wheat, corn, barley, sorghum and soybeans.

(ii) The Secretary shall make a finding under this subsection for

grain of the type described in clause (i) as soon as practicable

after November 28, 1990.

(B)(i) In establishing requirements for cleanliness

characteristics, the Secretary shall -

(I) consider technical constraints, economic benefits and costs

to producers and industry, the price competitiveness of United

States agricultural production, and levels of cleanliness met by

major competing nations that export wheat, corn, barley, sorghum

and soybeans;

(II) promulgate regulations after providing for notice and an

opportunity for public comment; and

(III) phase in any requirements for cleanliness characteristics

by incrementally decreasing the levels of the objectionable

material permitted in shipments of grade number 3 or better

wheat, corn, barley, sorghum and soybeans.

(ii) Following the phase-in period referred to in clause

(i)(III), subsequent revision of cleanliness requirements shall be

conducted consistent with the schedule of the Secretary for

reviewing grain standards.

(C) If the Secretary determines to establish requirements for

cleanliness characteristics under this section, the Secretary shall

ensure that such requirements are fully implemented not later than

6 years after November 28, 1990.

(c) Grade determining factors related to physical soundness and

purity; notice and opportunity for comment

(1) In establishing standards under subsection (a) of this

section for each grain for which official grades are established,

the Secretary shall establish for each such grain official

grade-determining factors and factor limits that reflect the levels

of soundness and purity that are consistent with end-use

performance goals of the major foreign and domestic users of each

such grain. Such factors and factor limits for grades number 3 and

better shall provide users of such standards the best possible

information from which to determine end-use product quality. The

Secretary shall establish factors and factor limits that will

provide that grain meeting the requirements for grades number 3 and

better will perform in accordance with general trade expectations

for the predominant uses of such grain.

(2) In establishing factors and factor limits under paragraph

(1), the Secretary shall provide for notice and an opportunity for

public comment prior to making changes in the grade-determining

factors and factor limits that shall be applicable under this

section to grain that is officially graded.

(d) Moisture content criterion

If the Government of any country requests that moisture content

remain a criterion in the official grade designations of grain,

such criterion shall be included in determining the official grade

designation of grain shipped to such country.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 4, 39 Stat. 483; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 762; Pub. L. 94-582, Sec.

5, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95-113, title XVI, Sec.

1604(c), Sept. 29, 1977, 91 Stat. 1027; Pub. L. 99-198, title XVI,

Sec. 1671, Dec. 23, 1985, 99 Stat. 1632; Pub. L. 101-624, title XX,

Sec. 2005, 2006, Nov. 28, 1990, 104 Stat. 3930; Pub. L. 103-156,

Sec. 12(b), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title

II, Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a) to (c). Pub. L. 103-354 substituted

''Secretary'' for ''Administrator'' wherever appearing.

1993 - Subsec. (a)(1). Pub. L. 103-156, which directed amendment

of ''Section 4(a)(1)'' by substituting ''the judgment of the

Administrator'' for ''his judgment'', without specifying the name

of the Act being amended, was executed to this section, which is

section 4 of the United States Grain Standards Act, to reflect the

probable intent of Congress.

1990 - Subsec. (b). Pub. L. 101-624, Sec. 2005, designated

existing provisions as par. (1) and added par. (2).

Subsecs. (c), (d). Pub. L. 101-624, Sec. 2006, added subsec. (c)

and redesignated former subsec. (c) as (d).

1985 - Subsec. (c). Pub. L. 99-198 added subsec. (c).

1977 - Subsec. (a). Pub. L. 95-113 substituted ''sorghum'' for

''grain sorghum'', ''standards or procedures'' for ''standards'',

''weight certification and controls'' for ''weight certification

procedures and controls'', and ''calibration and maintenance, for

grain'' for ''calibration and maintenance for grain''.

1976 - Subsec. (a). Pub. L. 94-582, Sec. 5(a), authorized

weighing of grain, designated existing provisions as cl. (1),

inserted cl. (2), and reenacted provision for amendment or

revocation of standards.

Subsec. (b). Pub. L. 94-582, Sec. 5(b), substituted

''Administrator'' for ''Secretary'' in two places.

1968 - Pub. L. 90-487 substituted provisions authorizing

Secretary to establish, amend, and revoke standards for provisions

making the use of official standards compulsory, setting out

exceptions, and providing for the right of appeal.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

BENEFITS AND COSTS ASSOCIATED WITH IMPROVED GRAIN QUALITY

Section 2003 of title XX of Pub. L. 101-624 provided that: ''The

Administrator of the Federal Grain Inspection Service shall

estimate the economic impact, including the benefits and costs and

the distribution of such benefits and costs, of any major changes

necessary to carry out the amendments made under this title to

sections 4 and 13 of the United States Grain Standards Act (7

U.S.C. 76 and 87b) prior to making such changes.''

REVISION OF GRAIN INSPECTION PROCEDURES TO REFLECT LEVELS OF INSECT

INFESTATION

Pub. L. 99-641, title III, Sec. 304, Nov. 10, 1986, 100 Stat.

3565, provided that: ''Not later than 6 months after the date of

enactment of this Act (Nov. 10, 1986), the Administrator of the

Federal Grain Inspection Service shall issue a final rule that

revises grain inspection procedures and standards established under

the United States Grain Standards Act (7 U.S.C. 71 et seq.) to more

accurately reflect levels of insect infestation.''

STUDY OF UNIFORM END-USE VALUE TESTS FOR GRAIN

Pub. L. 99-641, title III, Sec. 307, Nov. 10, 1986, 100 Stat.

3566, as amended by Pub. L. 104-66, title I, Sec. 1011(i), Dec. 21,

1995, 109 Stat. 710, provided that:

''(a) Study. - The Secretary of Agriculture shall direct the

Federal Grain Inspection Service and the Agricultural Research

Service to conduct a study of the need for and availability of

uniform end-use value tests for grain. The study shall include the

following:

''(1) A survey of domestic and foreign buyers of grain to

identify the information about grain characteristics that would

be most useful to such buyers. The survey shall take into

account those factors that buyers specify in contracts, test for,

measure, or would measure if tests were available, including -

''(A) the starch, oil, and protein content, breakage

susceptibility, and individual kernel moisture of corn;

''(B) the baking characteristics, protein content, gluten

content and quality, and milling hardness of wheat; and

''(C) the protein, oil, and free-fatty-acid content of

soybeans.

''(2) A review of the development and availability of tests for

the characteristics identified in the survey conducted under

paragraph (1), including an evaluation of the costs of providing

such tests.

''(b) End-Use Tests. -

''(1) Ongoing review. - The Secretary of Agriculture shall

direct the Federal Grain Inspection Service and the Agricultural

Research Service to maintain an ongoing review to determine the

end-use tests that are of economic value to buyers, and the

availability and costs of such tests.

''(2) Revision of procedures. - The Administrator of the

Federal Grain Inspection Service, to the extent practicable,

shall revise official grain inspection and certification

procedures to include within official inspection (as defined in

section 3(i) of the United States Grain Standards Act (7 U.S.C.

75(i))) those tests that are identified under the study conducted

under subsection (a) as useful, available, and economically

feasible.''

NEW GRAIN CLASSIFICATIONS

Section 1672 of Pub. L. 99-198 provided that:

''(a) The Secretary of Agriculture shall direct the Federal Grain

Inspection Service and the Agricultural Research Service to

cooperate in developing new means of establishing grain

classifications taking into account characteristics other than

those visually evident.

''(b) The Secretary shall report to the Committee on Agriculture

of the House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate, semiannually, with the first

report due not later than December 31, 1985, on the status of

cooperative efforts required under subsection (a), as such efforts

relate to more accurately classifying types of wheat and other

grains currently in use.''

INVESTIGATION AND STUDY REGARDING ADEQUACY OF GRAIN STANDARDS;

CHANGES IN STANDARDS; REPORT TO CONGRESS BY OCTOBER 21, 1978

Section 24 of Pub. L. 94-582, which provided for investigation

and study by Administrator of the Federal Grain Inspection Service

regarding adequacy of grain standards established under this

chapter in relation to needs and concerns of domestic and foreign

grain buyers, with Administrator, as result of such study, to make

necessary changes in grain standards, and to submit report to

Congress setting forth findings of study and actions taken as

result thereof not later than two years after Oct. 21, 1976, was

repealed by Pub. L. 106-472, title I, Sec. 110(b), Nov. 9, 2000,

114 Stat. 2061.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 75, 77, 78, 79, 79a of

this title.

-CITE-

7 USC Sec. 77 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 77. Official inspection and weighing requirements; waiver;

supervision by representatives of Secretary

-STATUTE-

(a) Official samples and certificates; waiver; excepted grains

Whenever standards or procedures are effective under section 76

of this title for any grain -

(1) no person shall ship from the United States to any place

outside thereof any lot of such grain, unless such lot is

officially weighed and officially inspected in accordance with

such standards or procedures, and unless a valid official

certificate showing the official grade designation and certified

weight of the lot of grain has been provided by official

inspection personnel and is promptly furnished by the shipper, or

the agent of the shipper, to the consignee with the bill of

lading or other shipping documents covering the shipment:

Provided, That the Secretary may waive the foregoing requirement

in emergency or other circumstances which would not impair the

objectives of this chapter: Provided further, That the Secretary

shall waive the requirement for official inspection whenever the

parties to a contract for such shipment of a lot of grain (which

is not sold, offered for sale, or consigned for sale by grade)

from the United States to any place outside thereof mutually

agree under the contract to ship such lot of grain without

official inspection being performed and a copy of the contract is

furnished to the Secretary prior to shipment;

(2) except as the Secretary may provide in emergency or other

circumstances which would not impair the objectives of this

chapter, all other grain transferred out of and all grain

transferred into an export elevator at an export port location

shall be officially weighed in accordance with such standards or

procedure: Provided, That, unless the shipper or receiver

requests that the grain be officially weighed, intracompany

shipments of grain into an export elevator by any mode of

transportation, grain transferred into an export elevator by

transportation modes other than barge, and grain transferred out

of an export elevator to destinations within the United States

shall not be officially weighed; and

(3) except as otherwise authorized by the Secretary, whenever a

lot of grain is both officially inspected and officially weighed

while being transferred into or out of a grain elevator,

warehouse, or other storage or handling facility, an official

certificate shall be issued showing both the official grade

designation and the certified weight of the lot of grain.

(b) Supervision by representatives of Secretary

All official inspection and official weighing, whether performed

by authorized employees of the Secretary or any other person

licensed under section 84 of this title, shall be supervised by

representatives of the Secretary, in accordance with such

regulations as the Secretary may provide.

(c) Testing for aflatoxin contamination of corn shipped in foreign

commerce

The Secretary is authorized and directed to require that all corn

exported from the United States be tested to ascertain whether it

exceeds acceptable levels of aflatoxin contamination, unless the

contract for export between the buyer and seller stipulates that

aflatoxin testing shall not be conducted.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 5, 39 Stat. 483; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94-582, Sec.

6, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95-113, title XVI, Sec.

1606(b), Sept. 29, 1977, 91 Stat. 1030; Pub. L. 96-437, Sec. 2,

Oct. 13, 1980, 94 Stat. 1870; Pub. L. 101-624, title XX, Sec. 2007,

Nov. 28, 1990, 104 Stat. 3931; Pub. L. 103-156, Sec. 12(c), Nov.

24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II, Sec.

293(a)(3), (7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106-472,

title I, Sec. 101, Nov. 9, 2000, 114 Stat. 2059.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-472 struck out ''(on the basis

of official samples taken after final elevation as near the final

spout through which the grain passes as physically practicable as

it is being loaded aboard, or while it is in, the final carrier in

which it is to be transported from the United States)'' after

''officially inspected''.

1994 - Pub. L. 103-354 substituted ''employees of the Secretary''

for ''Service employees'' in subsec. (b) and ''Secretary'' for

''Administrator'' wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(c), which directed amendment of

''Section 5'', without specifying the name of the Act being

amended, was executed to this section, which is section 5 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a)(1). Pub. L. 103-156, Sec. 12(c)(1), substituted ''the

agent of the shipper'' for ''his agent''.

Subsec. (b). Pub. L. 103-156, Sec. 12(c)(2), substituted

''regulations as the Administrator'' for ''regulations as he''.

1990 - Subsec. (c). Pub. L. 101-624 added subsec. (c).

1980 - Subsec. (a)(2). Pub. L. 96-437 inserted proviso that,

unless the shipper or receiver requests that the grain be

officially weighed, intracompany shipments of grain into an export

elevator by any mode of transportation, grain transferred into an

export elevator by transportation modes other than barge, and grain

transferred out of an export elevator to destinations within the

United States shall not be officially weighed.

1977 - Subsec. (a). Pub. L. 95-113 substituted ''standards or

procedures'' for ''standards'' wherever appearing.

1976 - Subsec. (a). Pub. L. 94-582 designated existing provisions

as par. (1) of subsec. (a); struck out ''that is sold, offered for

sale, or consigned for sale by grade'' after ''any lot of such

grain''; inserted official weighing requirement; substituted

''officially inspected (on the basis of official samples taken

after final elevation as near the final spout through which the

grain passes as physically practicable as it is being loaded

aboard, or while it is in, the final carrier in which it is to be

transported from the United States)'' for ''officially inspected in

accordance with such standards on the basis of official samples

taken after final elevation as the grain is being loaded aboard, or

while it is in, the final carrier in which it is to be transported

from the United States''; required the certificate to show the

certified weight of the lot of grain provided by official

inspection personnel; substituted provision for waiver by the

Administrator of requirement for official inspection certificate in

emergency or other circumstances which would not impair the

objectives of this chapter for provision for waiver by the

Secretary of any requirement of this section with respect to

shipments from or to any area or any other class of shipments when

in his judgment it is impracticable to provide official inspection

with respect to such shipments; inserted provision for waiver by

Administrator of requirement for official inspection whenever the

parties to a contract for such shipment of a lot of grain (which is

not sold, offered for sale, or consigned for sale by grade) from

the United States to any place outside thereof mutually agree under

the contract to ship such lot of grain without official inspection

being performed and a copy of the contract is furnished to the

Administrator prior to shipment; and added pars. (2) and (3) of

subsec. (a).

Subsec. (b). Pub. L. 94-582 added subsec. (b).

1968 - Pub. L. 90-487 substituted provisions requiring an

official inspection for export grains but authorizing the waiver of

such requirements when official inspection is impracticable for

provisions prohibiting misrepresentation respecting grade shipped

or delivered for shipment, allowing reexamination, requiring

hearing in the event of a false or misleading description, and

allowing publication of findings.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79, 79a, 87b of this

title.

-CITE-

7 USC Sec. 78 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 78. Use of official grade designations required; false or

misleading grade designations for grain shipped out of the

United States

-STATUTE-

(a) Whenever standards relating to kind, class, quality, or

condition of grain are effective under section 76 of this title for

any grain no person shall in any sale, offer for sale, or

consignment for sale, which involves the shipment of such grain in

interstate or foreign commerce, describe such grain as being of any

grade in any advertising, price quotation, other negotiation of

sale, contract of sale, invoice, bill of lading, other document, or

description on bags or other containers of the grain, other than by

an official grade designation, with or without additional

information as to specified factors: Provided, That the description

of such grain by any proprietary brand name or trademark that does

not resemble an official grade designation, or with respect to

interstate commerce, by the use of one or more grade factor

designations set forth in the official United States standards for

grain, or by other criteria shall not be deemed to be a description

of grain as being of any grade.

(b) No person shall, in any sale, offer for sale, or consignment

for sale, of any grain which involves the shipment of such grain

from the United States to any place outside thereof, knowingly

describe such grain by any official grade designation, or other

description, which is false or misleading.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 6, 39 Stat. 484; Pub. L.

85-509, July 11, 1958, 72 Stat. 352; Pub. L. 90-487, Sec. 1, Aug.

15, 1968, 82 Stat. 763; Pub. L. 94-582, Sec. 7, Oct. 21, 1976, 90

Stat. 2870; Pub. L. 95-113, title XVI, Sec. 1606(c), Sept. 29,

1977, 91 Stat. 1030.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-113 substituted ''criteria'' for

''factor information''.

1976 - Subsec. (a). Pub. L. 94-582 substituted ''standards

relating to kind, class, quality, or condition of grain'' for

''standards''.

1968 - Pub. L. 90-487 substituted provisions requiring the use of

official grade designations and prohibiting the use of false or

misleading description of grain shipped out of the United States,

for provisions allowing the appeal to the Secretary from official

grading, authorizing the payment of additional fees for employees

required in making appeal inspections, and making the findings

prima facie evidence of the grain's true grade.

1958 - Pub. L. 85-509 authorized payment of employees assigned to

perform appeal inspection for all overtime, night, or holiday work,

and permitted acceptance of reimbursement for any sums paid for

such work.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 2 of Pub. L. 90-487 provided that: ''This Act (amending

this section and sections 71, 74, 75, 76, 77, 79, 84, 85, 86, and

87 of this title and enacting sections 87a to 87h of this title)

shall become effective one hundred and eighty days after enactment

hereof (Aug. 15, 1968), except that the repeal of the mandatory

inspection provisions with respect to grain shipped or delivered

for shipment in interstate commerce shall become effective thirty

days after enactment hereof, and the provisions of sections 6(a)

and 13(a)(5) of the United States Grain Standards Act, as amended

by this Act (subsec. (a) of this section and section 87b(a)(5) of

this title) shall then become effective with respect to such

grain.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 87b of this title.

-CITE-

7 USC Sec. 79 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 79. Official inspection

-STATUTE-

(a) Grain required to be officially inspected

The Secretary is authorized to cause official inspection under

the standards provided for in section 76 of this title to be made

of all grain required to be officially inspected as provided in

section 77 of this title, in accordance with such regulations as

the Secretary may prescribe.

(b) Inspections made pursuant to request of interested persons

The Secretary is further authorized, upon request of any

interested person, and under such regulations as the Secretary may

prescribe, to cause official inspection to be made with respect to

any grain whether by official sample, submitted sample, or

otherwise within the United States under standards provided for in

section 76 of this title, or, upon request of the interested

person, under other criteria approved by the Secretary for

determining the kind, class, quality, or condition of grain, or

other facts relating to grain, whenever in the judgment of the

Secretary providing such service will effectuate any of the

objectives stated in section 74 of this title.

(c) Reinspections and appeals; cancellation of superseded

certificates; sale of samples

The regulations prescribed by the Secretary under this chapter

shall include provisions for reinspections and appeal inspections;

cancellation and surrender of certificates superseded by

reinspections and appeal inspections; and the use of standard forms

for official certificates. The Secretary may provide by regulation

that samples obtained by or for employees of the Secretary for

purposes of official inspection shall become the property of the

United States, and such samples may be disposed of without regard

to the provisions of the Federal Property and Administrative

Services Act of 1949, as amended. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(d) Official certificates as evidence

Official certificates setting out the results of official

inspection issued and not canceled under this chapter shall be

received by all officers and all courts of the United States as

prima facie evidence of the truth of the facts stated therein.

(e) Official inspection at export port locations; delegation of

authority to State agencies

(1) Except as otherwise provided in paragraph (2) of this

subsection, the Secretary shall cause official inspection at export

port locations, for all grain required or authorized to be

inspected by this chapter, to be performed by official inspection

personnel employed by the Secretary or other persons under contract

with the Secretary as provided in section 84 of this title.

(2) If the Secretary determines, pursuant to paragraph (3) of

this subsection, that a State agency is qualified to perform

official inspection, meets the criteria in subsection (f)(1)(A) of

this section, and (A) was performing official inspection at an

export port location under this chapter on July 1, 1976, or (B)(i)

performed official inspection at an export port location at any

time prior to July 1, 1976, (ii) was designated under subsection

(f) of this section on December 22, 1982, to perform official

inspections at locations other than export port locations, and

(iii) operates in a State from which total annual exports of grain

do not exceed, as determined by the Secretary, 5 per centum of the

total amount of grain exported from the United States annually, the

Secretary may delegate authority to the State agency to perform all

or specified functions involved in official inspection (other than

appeal inspection) at export port locations within the State,

including export port locations which may in the future be

established, subject to such rules, regulations, instructions, and

oversight as the Secretary may prescribe, and any such official

inspection shall continue to be the direct responsibility of the

Secretary. Any such delegation may be revoked by the Secretary, at

the discretion of the Secretary, at any time upon notice to the

State agency without opportunity for a hearing.

(3) Prior to delegating authority to a State agency for the

performance of official inspection at export port locations

pursuant to paragraph (2) of this subsection, the Secretary shall

(A) conduct an investigation to determine whether such agency is

qualified, and (B) make findings based on such investigation. In

conducting the investigation, the Secretary shall consult with, and

review the available files of the Department of Justice, the Office

of Investigation of the Department of Agriculture (or such other

organization or agency within the Department of Agriculture which

may be delegated the authority, in lieu thereof, to conduct

investigations on behalf of the Department of Agriculture), and the

General Accounting Office.

(4) The Secretary may provide that grain loaded at an interior

point in the United States into a rail car, barge, or other

container as the final carrier in which it is to be transported

from the United States shall be inspected in the manner provided in

this subsection or subsection (f) of this section, as the Secretary

determines will best meet the objectives of this chapter.

(f) Official inspections at other than export port locations;

designation of agencies or persons to conduct official

inspections

(1) With respect to official inspections other than at export

port locations, the Secretary is authorized, upon application by

any State or local governmental agency, or any person, to designate

such agency or person as an official agency for the conduct of all

or specified functions involved in official inspection (other than

appeal inspection) at locations where the Secretary determines

official inspection is needed, if -

(A) the agency or person shows to the satisfaction of the

Secretary that such agency or person -

(i) has adequate facilities and qualified personnel for the

performance of such official inspection functions;

(ii) will provide for the periodic rotation of official

inspection personnel among the grain elevators, warehouses, or

other storage or handling facilities at which the State or

person provides official inspection, as is necessary to

preserve the integrity of the official inspection service;

(iii) will meet training requirements and personnel standards

established by the Secretary under section 84(g) of this title;

(iv) will otherwise conduct such training and provide such

supervision of its personnel as are necessary to assure that

they will provide official inspection in accordance with this

chapter and the regulations and instructions thereunder;

(v) will not charge official inspection fees that are

discriminatory or unreasonable;

(vi) if a State or local governmental agency, will not use

any moneys collected pursuant to the charging of fees for any

purpose other than the maintenance of the official inspection

operation of the State or local governmental agency;

(vii) and any related entities do not have a conflict of

interest prohibited by section 87 of this title;

(viii) will maintain complete and accurate records of its

organization, staffing, official activities, and fiscal

operations, and such other records as the Secretary may require

by regulation;

(ix) if a State or local governmental agency, will employ

personnel on the basis of job qualifications rather than

political affiliations;

(x) will comply with all provisions of this chapter and the

regulations and instructions thereunder; and

(xi) meets other criteria established in regulations issued

under this chapter relating to official functions under this

chapter; and

(B) the Secretary determines that the applicant is better able

than any other applicant to provide official inspection service.

(2) Geographic boundaries for official agencies. - Not more than

one official agency designated under paragraph (1) or State

delegated authority under subsection (e)(2) of this section to

carry out the inspection provisions of this chapter shall be

operative at the same time in any geographic area defined by the

Secretary, except that, if the Secretary determines that the

presence of more than one designated official agency in the same

geographic area will not undermine the policy stated in section 74

of this title, the Secretary may -

(A) allow more than one designated official agency to carry out

inspections within the same geographical area as part of a pilot

program; and

(B) allow a designated official agency to cross boundary lines

to carry out inspections in another geographic area if the

Secretary also determines that -

(i) the current designated official agency for that

geographic area is unable to provide inspection services in a

timely manner;

(ii) a person requesting inspection services in that

geographic area has not been receiving official inspection

services from the current designated official agency for that

geographic area; or

(iii) a person requesting inspection services in that

geographic area requests a probe inspection on a barge-lot

basis.

(3) Except as authorized by the Secretary, no official agency or

State delegated authority pursuant to subsection (e)(2) of this

section shall officially inspect under this chapter any official or

other sample drawn from a lot of grain and submitted for inspection

unless such lot of grain is physically located within the

geographic area assigned to the agency by the Secretary at the time

such sample is drawn.

(4) No State or local governmental agency or person shall provide

any official inspection for the purposes of this chapter except

pursuant to an unsuspended and unrevoked delegation of authority or

designation by the Secretary, as provided in this section, or as

provided in section 84(a) of this title.

(g) Termination, renewal, amendment, cancellation, and revocation

of designations of official agencies

(1) Designations of official agencies shall terminate at such

time as specified by the Secretary but not later than triennially

and may be renewed in accordance with the criteria and procedure

prescribed in subsection (f) of this section.

(2) A designation of an official agency may be amended at any

time upon application by the official agency if the Secretary

determines that the amendment will be consistent with the

provisions and objectives of this chapter; and a designation will

be cancelled upon request by the official agency with ninety days

written notice to the Secretary. A fee as prescribed by regulations

of the Secretary shall be paid by the official agency to the

Secretary for each such amendment, to cover the costs incurred by

the Secretary in connection therewith, and it shall be deposited in

the fund created in subsection (j) of this section.

(3) The Secretary may revoke a designation of an official agency

whenever, after opportunity for hearing is afforded the agency, the

Secretary determines that the agency has failed to meet one or more

of the criteria specified in subsection (f) of this section or the

regulations under this chapter for the performance of official

functions, or otherwise has not complied with any provision of this

chapter or any regulation prescribed or instruction issued to such

agency under this chapter, or has been convicted of any violation

of other Federal law involving the handling or official inspection

of grain: Provided, That the Secretary may, without first affording

the official agency an opportunity for a hearing, suspend any

designation pending final determination of the proceeding whenever

the Secretary has reason to believe there is cause for revocation

of the designation and considers such action to be in the best

interest of the official inspection system under this chapter. The

Secretary shall afford any such agency an opportunity for a hearing

within thirty days after temporarily suspending such designation.

(h) Official inspections at locations other than export port

locations when designated official agencies are not available

If the Secretary determines that official inspection by an

official agency designated under subsection (f) of this section is

not available on a regular basis at any location (other than at an

export port location) where the Secretary determines such

inspection is needed to effectuate the objectives stated in section

74 of this title, and that no official agency within reasonable

proximity to such location is willing to provide or has or can

acquire adequate personnel and facilities for providing such

service on an interim basis, official inspection shall be provided

by authorized employees of the Secretary, and other persons

licensed by the Secretary to perform official inspection functions,

as provided in section 84 of this title, until such time as the

service can be provided on a regular basis by an official agency.

(i) Official inspections in Canadian ports

The Secretary is authorized to cause official inspection under

this chapter to be made, as provided in subsection (a) of section

77 of this title, in Canadian ports of United States export grain

transshipped through Canadian ports, and pursuant thereto the

Secretary is authorized to enter into an agreement with the

Canadian Government for such inspection. All or specified

functions of such inspections shall be performed by official

inspection personnel employed by the Secretary or, except for

appeals, by persons operating under a contract with the Secretary

or as otherwise provided by agreement with the Canadian Government.

(j) Fees; establishment, amount, payment, etc.

(1) The Secretary shall, under such regulations as the Secretary

may prescribe, charge and collect reasonable inspection fees to

cover the estimated cost to the Secretary incident to the

performance of official inspection except when the official

inspection is performed by a designated official agency or by a

State under a delegation of authority. The fees authorized by this

subsection shall, as nearly as practicable and after taking into

consideration any proceeds from the sale of samples, cover the

costs of the Secretary incident to its (FOOTNOTE 2) performance of

official inspection services in the United States and on United

States grain in Canadian ports, including administrative and

supervisory costs related to such official inspection of grain.

Such fees, and the proceeds from the sale of samples obtained for

purposes of official inspection which become the property of the

United States, shall be deposited into a fund which shall be

available without fiscal year limitation for the expenses of the

Secretary incident to providing services under this chapter.

(FOOTNOTE 2) So in original. Probably should be ''the

Secretary's''.

(2) Each designated official agency and each State agency to

which authority has been delegated under subsection (e) of this

section shall pay to the Secretary fees in such amount as the

Secretary determines fair and reasonable and as will cover the

estimated costs incurred by the Secretary relating to supervision

of official agency personnel and supervision by the Secretary of

the Secretary's field office personnel, except costs incurred under

paragraph (3) of subsection (g) of this section and sections 85,

86, and 87c of this title. The fees shall be payable after the

services are performed at such times as specified by the Secretary

and shall be deposited in the fund created in paragraph (1) of this

subsection. Failure to pay the fee within thirty days after it is

due shall result in automatic termination of the delegation or

designation, which shall be reinstated upon payment, within such

period as specified by the Secretary, of the fee currently due plus

interest and any further expenses incurred by the Secretary because

of such termination. The interest rate on overdue fees shall be as

prescribed by the Secretary, but not less than the current average

market yield on outstanding marketable obligations of the United

States of comparable maturity, plus an additional charge of not to

exceed 1 per centum per annum as determined by the Secretary and

adjusted to the nearest one-eighth of 1 per centum.

(3) Any sums collected or received by the Secretary under this

chapter and deposited to the fund created in paragraph (1) of this

subsection and any late payment penalties collected by the

Secretary and credited to such fund may be invested by the

Secretary in insured or fully collateralized, interest-bearing

accounts or, at the discretion of the Secretary, by the Secretary

of the Treasury in United States Government debt instruments. The

interest earned on such sums and any late payment penalties

collected by the Secretary shall be credited to the fund and shall

be available without fiscal year limitation for the expenses of the

Secretary incident to providing services under this chapter.

(4) The duties imposed by paragraph (2) on designated official

agencies and State agencies described in such paragraph and the

investment authority provided by paragraph (3) shall expire on

September 30, 2005. After that date, the fees established by the

Secretary pursuant to paragraph (1) shall not cover administrative

and supervisory costs related to the official inspection of grain.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 7, 39 Stat. 484; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94-582, Sec.

8, formerly Sec. 8(a), Oct. 21, 1976, 90 Stat. 2870, renumbered

Pub. L. 106-472, title I, Sec. 110(a)(1), Nov. 9, 2000, 114 Stat.

2060; Pub. L. 95-113, title XVI, Sec. 1602(a), 1604(d), 1606(d),

Sept. 29, 1977, 91 Stat. 1025, 1027, 1030; Pub. L. 97-35, title I,

Sec. 155(1), Aug. 13, 1981, 95 Stat. 371; Pub. L. 97-98, title IX,

Sec. 1113(a), Dec. 22, 1981, 95 Stat. 1268; Pub. L. 98-469, Sec.

2(1), Oct. 11, 1984, 98 Stat. 1831; Pub. L. 100-518, Sec. 2(1),

Oct. 24, 1988, 102 Stat. 2584; Pub. L. 103-156, Sec. 4(a), 5(a),

12(d), 14(a), Nov. 24, 1993, 107 Stat. 1525, 1526, 1528, 1529; Pub.

L. 103-354, title II, Sec. 293(a)(4), (7), (8), Oct. 13, 1994, 108

Stat. 3237; Pub. L. 106-472, title I, Sec. 102(a), 103(a), Nov. 9,

2000, 114 Stat. 2059, 2060.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsec. (c), is act June 30, 1949, ch. 288,

63 Stat. 377, as amended. Except for title III of the Act, which

is classified generally to subchapter IV (Sec. 251 et seq.) of

chapter 4 of Title 41, Public Contracts, the Act was repealed and

reenacted by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works.

-COD-

CODIFICATION

Section as originally enacted was composed of part of section 7

of part B of act Aug. 11, 1916. Other provisions of section 7 were

classified to former sections 80 to 83 of this title.

-MISC3-

AMENDMENTS

2000 - Subsec. (f)(2). Pub. L. 106-472, Sec. 102(a), added

heading and text of par. (2) and struck out former par. (2) which

read as follows: ''Not more than one official agency or State

delegated authority pursuant to subsection (e)(2) of this section

for carrying out the inspection provisions of this chapter shall be

operative at one time for any geographic area as determined by the

Secretary to effectuate the objectives stated in section 74 of this

title, except that the Secretary may conduct pilot programs to

allow more than 1 official agency to carry out inspections within a

single geographical area without undermining the policy stated in

section 74 of this title.''

Subsec. (j)(4). Pub. L. 106-472, Sec. 103(a), substituted

''2005'' for ''2000'' in first sentence.

1994 - Pub. L. 103-354 substituted ''supervision by the Secretary

of the Secretary's field office personnel'' for ''supervision of

Service personnel of its field office personnel'' in first sentence

of subsec. (j)(2) and substituted ''Secretary'' for

''Administrator'' and ''Service'' wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(d), which directed amendment of

''Section 7'', without specifying the name of the Act being

amended, was executed to this section, which is section 7 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a). Pub. L. 103-156, Sec. 12(d)(1), substituted

''regulations as the Administrator'' for ''regulations as he''.

Subsec. (b). Pub. L. 103-156, Sec. 12(d)(2), substituted

''regulations as the Administrator'' for ''regulations as he'' and

''the judgment of the Administrator'' for ''his judgment''.

Subsec. (e)(2). Pub. L. 103-156, Sec. 12(d)(3), substituted

''oversight as the Administrator'' for ''oversight as he'' and

''the discretion of the Administrator'' for ''his discretion''.

Subsec. (f)(1)(A)(vi). Pub. L. 103-156, Sec. 4(a)(1), substituted

''of the State'' for ''or other agricultural programs operated by

the State''.

Subsec. (f)(2). Pub. L. 103-156, Sec. 5(a), inserted before

period at end '', except that the Administrator may conduct pilot

programs to allow more than 1 official agency to carry out

inspections within a single geographical area without undermining

the policy stated in section 74 of this title''.

Subsec. (i). Pub. L. 103-156, Sec. 4(a)(2), inserted before

period at end ''or as otherwise provided by agreement with the

Canadian Government''.

Subsec. (j)(4). Pub. L. 103-156, Sec. 14(a), added par. (4).

1988 - Subsec. (j). Pub. L. 100-518 reenacted subsec. (j) without

change.

1984 - Subsec. (j)(3). Pub. L. 98-469 temporarily added par. (3).

See Effective and Termination Dates of 1984 Amendment note below.

1981 - Subsec. (e)(2). Pub. L. 97-98 inserted provision

authorizing the Administrator to delegate authority to perform

grain inspection functions at export port locations to any State

agency that performed official inspection at an export port

location at any time prior to July 1, 1976, was designated under

subsec. (f) of this section on Dec. 22, 1981, to perform

inspections at locations other than export port locations, and

operates in a State from which the total annual exports of grain do

not exceed 5 per centum of the total amount of grain exported from

the United States.

Subsec. (j). Pub. L. 97-35 temporarily designated existing

provisions as par. (1), made changes in nomenclature and provided

for inclusion, rather than exclusion, of administrative and

supervisory costs, and added par. (2). See Effective and

Termination Dates of 1981 Amendments note below.

1977 - Subsec. (b). Pub. L. 95-113, Sec. 1606(d), struck out

reference to a determination of the quantity of sacks of grain.

Subsec. (e). Pub. L. 95-113, Sec. 1604(d)(1), designated as par.

(4) provisions, formerly forming a part of par. (2), authorizing

the Administrator to provide that grain loaded at an interior point

in the United States into a rail car, barge, or other container as

the final carrier in which it is to be transported from the United

States be inspected in the manner provided in this subsection or

subsec. (f) of this section, as the Administrator determines best

meets the objectives of this chapter.

Subsec. (f)(2). Pub. L. 95-113, Sec. 1604(d)(2), substituted

''official agency or State delegated authority pursuant to

subsection (e)(2) of this section for carrying out the inspection

provisions of this chapter'' for ''official agency for carrying out

the provisions of this chapter'', struck out '', but this paragraph

shall not be applicable to prevent any inspection agency from

operating in any area in which it was operative on August 15,

1968'' after ''section 74 of this title'', and redesignated other

existing provisions as pars. (3) and (4).

Subsec. (f)(3). Pub. L. 95-113, Sec. 1604(d)(2)(B), (C),

redesignated a portion of existing par. (2) as (3) and substituted

''Except as authorized by the Administrator, no'' for ''No''.

Subsec. (f)(4). Pub. L. 95-113, Sec. 1604(d)(2)(D), redesignated

a portion of existing par. (2) as (4).

Subsec. (g)(1). Pub. L. 95-113, Sec. 1604(d)(3), substituted

''prescribed in subsection (f)'' for ''prescribed in subsections

(e) and (f)''.

Subsec. (i). Pub. L. 95-113, Sec. 1604(d)(4), inserted provision

that all or specified functions of the inspections be performed by

official inspection personnel employed by the Service or, except

for appeals, by persons operating under a contract with the

Service.

Subsec. (j). Pub. L. 95-113, Sec. 1602(a), revised provisions

relating to fees so as to remove requirement that field supervision

of inspection be supported by fees.

1976 - Subsec. (a). Pub. L. 94-582, Sec. 8(1), formerly Sec.

8(a)(1), as renumbered by Pub. L. 106-472, Sec. 110(a)(1),

substituted ''Administrator'' for ''Secretary''.

Subsec. (b). Pub. L. 94-582, Sec. 8(1), (2), formerly Sec.

8(a)(1), (2), as renumbered by Pub. L. 106-472, Sec. 110(a)(1),

substituted ''Administrator'' for ''Secretary'' in two places and

struck out from first sentence ''or with respect to United States

grain in Canadian ports'' after ''within the United States''.

Subsec. (c). Pub. L. 94-582, Sec. 8(1), (3), formerly Sec.

8(a)(1), (3), as renumbered by Pub. L. 106-472, Sec. 110(a)(1),

substituted ''Administrator'' for ''Secretary'' in two places; and

substituted ''Service'' for ''Department of Agriculture'' and

''cancellation and surrender'' for ''cancellation'' and required

regulation provision for use of standard forms for official

certificates, respectively.

Subsec. (d). Pub. L. 94-582, Sec. 8(4), formerly Sec. 8(a)(4), as

renumbered by Pub. L. 106-472, Sec. 110(a)(1), substituted

''Official certificates setting out the results of official

inspection'' for ''Certificates''.

Subsec. (e). Pub. L. 94-582, Sec. 8(5), formerly Sec. 8(a)(5), as

renumbered by Pub. L. 106-472, Sec. 110(a)(1), added subsec. (e)

and struck out former subsec. (e) which authorized charging and

collection of reasonable fees to cover cost of official inspection

and to cover costs of Department of Agriculture incident to

performance of appeal and Canadian port inspection services for

which fees are collected, including supervisory and administrative

costs, and for deposit of fees and proceeds from sale of samples

obtained for purposes of official inspection which become property

of the United States into a fund to be available without fiscal

year limitation for expenses of the Department of Agriculture

incident to providing official inspection services. Fee provisions

are now covered in subsec. (j)(2) of this section.

Subsec. (f). Pub. L. 94-582, Sec. 8(5), formerly Sec. 8(a)(5), as

renumbered by Pub. L. 106-472, Sec. 110(a)(1), added par. (1) and

second and third sentences of par. (2), and designated existing

provisions as par. (2), substituting ''one official agency for

carrying out the provisions of this chapter shall be operative at

one time for any geographic area as determined by the Administrator

to effectuate the objectives stated in section 74 of this title''

for ''one inspection agency for carrying out the provisions of this

section shall be operative at one time for any one city, town, or

other area''.

Subsecs. (g) to (j). Pub. L. 94-582, Sec. 8(5), formerly Sec.

8(a)(5), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), added

subsecs. (g) to (j).

1968 - Pub. L. 90-487 substituted provisions covering the

authority and funding of official inspections for provisions

covering the licensing of inspectors and the utilization by the

Secretary of Agriculture of State inspectors.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-472, title I, Sec. 111, Nov. 9, 2000, 114 Stat. 2061,

provided that: ''The amendments made by sections 103, 105, 108, and

109 (amending this section and sections 79a, 79d, 87h, and 87j of

this title) shall take effect as if enacted on September 30,

2000.''

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

That part of section 2 of Pub. L. 100-518 which provided that the

amendment made by Pub. L. 100-518 was effective for period Oct. 1,

1988, through Sept. 30, 1993, inclusive, was repealed by Pub. L.

103-156, Sec. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530,

eff. Sept. 30, 1993.

EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENT

Section 2 of Pub. L. 98-469 provided that the amendment made by

Pub. L. 98-469 is effective for period beginning Oct. 11, 1984, and

ending Sept. 30, 1988.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENTS

Section 1113(b) of Pub. L. 97-98 provided that: ''The provisions

of this section (amending this section) shall become effective one

hundred and eighty days after enactment of this Act (Dec. 22,

1981).''

Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, Sec.

1, Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made

by Pub. L. 97-35 is effective for period beginning Oct. 1, 1981,

and ending Sept. 30, 1988.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

INVESTIGATIONS AND STUDIES OF GRAIN INSPECTION AND WEIGHING IN

INTERIOR OF UNITED STATES; COMPLETION OF STUDIES AND SUBMISSION OF

REPORTS BY MAY 20, 1979, AND NOV. 20, 1979, RESPECTIVELY

Section 8(b) of Pub. L. 94-582, as amended by Pub. L. 95-113,

title XVI, Sec. 1605(a), 1607(a), Sept. 29, 1977, 91 Stat. 1029,

1031, which directed the Administrator of the Federal Grain

Inspection Service, the Director of the Office of Investigation of

the United States Department of Agriculture, and the Comptroller

General of the United States to severally conduct investigations

into and study grain inspection and weighing in the interior of the

United States, and required the Administrator and Director to

submit reports to Congress not later than 30 months after Oct. 21,

1976, and the Comptroller General to submit a report not later than

three years after Oct. 21, 1976, was repealed by Pub. L. 106-472,

title I, Sec. 110(a)(2), Nov. 9, 2000, 114 Stat. 2060.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 75, 79a, 79b, 84, 87b,

87e, 87f-1, 87h of this title.

-CITE-

7 USC Sec. 79a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 79a. Weighing authority

-STATUTE-

(a) Official weighing in accordance with prescribed regulations

The Secretary shall cause official weighing under standards or

procedures provided for in section 76 of this title to be made of

all grain required to be officially weighed as provided in section

77 of this title, in accordance with such regulations as the

Secretary may prescribe.

(b) Official weighing or supervision of weighing at grain

elevators, warehouses, or other storage or handling facilities

located other than at export elevators at export port locations

The Secretary is authorized to cause official weighing or

supervision of weighing under standards or procedures provided in

section 76 of this title to be performed at any grain elevator,

warehouse, or other storage or handling facility located other than

at export elevators at export port locations at which official

inspection is provided pursuant to the provisions of this chapter,

in such manner as the Secretary deems appropriate and under such

regulations as the Secretary may provide.

(c) Personnel performing official weighing or supervision of

weighing at locations at which official inspection is provided

(1) With respect to official weighing or supervision of weighing

for locations at which official inspection is provided by the

Secretary, the Secretary shall cause such official weighing or

supervision of weighing to be performed by official inspection

personnel employed by the Secretary.

(2) With respect to official weighing or supervision of weighing

for any location at which official inspection is provided other

than by the Secretary, the Secretary is authorized, with respect to

export port locations, to delegate authority to perform official

weighing or supervision of weighing to the State agency providing

official inspection service at such location, and with respect to

any other location, to designate the agency or person providing

official inspection service at such location to perform official

weighing or supervision of weighing, if such agency or person

qualifies for a delegation of authority or designation under

section 79 of this title, except that where the term ''official

inspection'' is used in such section it shall be deemed to refer to

''official weighing'' or ''supervision of weighing'' under this

section. If such agency or person is not available to perform such

weighing services, or the Secretary determines that such agency or

person is not qualified to perform such weighing services, then (A)

at export port locations official weighing or supervision of

weighing shall be performed by official inspection personnel

employed by the Secretary, and (B) at any other location, the

Secretary is authorized to cause official weighing or supervision

of weighing to be performed by official inspection personnel

employed by the Secretary or designate any State or local

governmental agency, or any person to perform official weighing or

supervision of weighing, if such agency or person meets the same

criteria that agencies must meet to be designated to perform

official inspection as set out in section 79 of this title, except

that where the term ''official inspection'' is used in such section

it shall be deemed to refer to ''official weighing'' or

''supervision of weighing'' under this section. Delegations and

designations made pursuant to this subsection shall be subject to

the same provisions for delegations and designations set forth in

subsection (g) of section 79 of this title.

(d) Official weighing in Canadian ports

The Secretary is authorized to cause official weighing under this

chapter to be made, as provided in subsection (a) of section 77 of

this title, in Canadian ports of United States export grain

transshipped through Canada; and pursuant thereto the Secretary is

authorized to enter into an agreement with the Canadian Government

for such official weighing. All or specified functions of such

weighing shall be performed by official inspection personnel

employed by the Secretary or, except for appeals, by persons

operating under a contract with the Secretary or as otherwise

provided by agreement with the Canadian Government.

(e) Official weighing or supervision of weighing upon request of

operators of grain elevators, warehouses, or other storage or

handling facilities

The Secretary is further authorized to cause official weighing or

supervision of weighing under standards or procedures provided for

in section 76 of this title to be made at grain elevators,

warehouses, or other storage or handling facilities not subject to

subsection (a) or (b) of this section, upon request of the operator

of such grain elevator, warehouse, or other storage or handling

facility and in accordance with such regulations as the Secretary

may prescribe.

(f) Demonstrated willingness of operators of grain elevators,

warehouses, or other storage or handling facilities to meet

equipment and personnel requirements

No official weighing or supervision of weighing shall be provided

for the purposes of this chapter at any grain elevator, warehouse,

or other storage or handling facility until such time as the

operator of the facility has demonstrated to the satisfaction of

the Secretary that the operator (1) has and will maintain, in good

order, suitable grain-handling equipment and accurate scales for

all weighing of grain at the facility, in accordance with the

regulations of the Secretary; (2) will permit only competent

persons with a reputation for honesty and integrity and who are

approved by the Secretary to operate the scales and to handle grain

in connection with weighing of the grain, in accordance with this

chapter; (3) when weighing is to be done by persons other than

official inspection personnel, will require such persons to operate

the scales in accordance with the regulations of the Secretary and

to require that each lot of grain for delivery from any railroad

car, truck, barge, vessel, or other means of conveyance at the

facility is entirely removed from such means of conveyance and

delivered to the scales without avoidable waste or loss, and each

lot of grain weighed at the elevator for shipment from the facility

is entirely delivered to the means of conveyance for which

intended, and without avoidable waste or loss, in accordance with

the regulations of the Secretary; (4) will provide all assistance

needed by the Secretary for making any inspection or examination

and carrying out other functions at the facility pursuant to this

chapter; and (5) will comply with all other requirements of this

chapter and the regulations hereunder.

(g) Official certificates as evidence

Official certificates setting out the results of official

weighing or supervision of weighing, issued and not cancelled under

this chapter, shall be received by all officers and all courts of

the United States as prima facie evidence of the truth of the facts

stated therein.

(h) Weighing prohibited when not in accordance with prescribed

procedures

No State or local governmental agency or person shall weigh or

state in any document the weight of grain determined at a location

where official weighing is required to be performed as provided for

in this section except in accordance with the procedures prescribed

pursuant to this section.

(i) Unauthorized weighing prohibited

(1) In general

No State or local governmental agency or person other than an

authorized employee of the Secretary shall perform official

weighing or supervision of weighing for the purposes of this

chapter except in accordance with the provisions of an

unsuspended and unrevoked delegation of authority or designation

by the Secretary as provided in this section or as otherwise

provided in section 79(i) of this title and subsection (d) of

this section.

(2) Geographic boundaries for official agencies

Not more than one designated official agency referred to in

paragraph (1) or State agency delegated authority pursuant to

subsection (c)(2) of this section to carry out the weighing

provisions of this chapter shall be operative at the same time in

any geographic area defined by the Secretary, except that, if the

Secretary determines that the presence of more than one

designated official agency in the same geographic area will not

undermine the policy stated in section 74 of this title, the

Secretary may -

(A) allow more than one designated official agency to carry

out the weighing provisions within the same geographical area

as part of a pilot program; and

(B) allow a designated official agency to cross boundary

lines to carry out the weighing provisions in another

geographic area if the Secretary also determines that -

(i) the current designated official agency for that

geographic area is unable to provide the weighing services in

a timely manner; or

(ii) a person requesting weighing services in that

geographic area has not been receiving official weighing

services from the current designated official agency for that

geographic area.

(j) Authority under United States Warehouse Act not limited

The provisions of this section shall not limit any authority

vested in the Secretary under the United States Warehouse Act (39

Stat. 486, as amended; 7 U.S.C. 241 et seq.).

(k) Access to elevators, warehouses, or their storage or handling

facilities

The representatives of the Secretary shall be afforded access to

any elevator, warehouse, or other storage or handling facility from

which grain is delivered for shipment in interstate or foreign

commerce or to which grain is delivered from shipment in interstate

or foreign commerce and all facilities therein for weighing grain.

(l) Fees; establishment, amount, payment, etc.

(1) The Secretary shall, under such regulations as the Secretary

may prescribe, charge and collect reasonable fees to cover the

estimated costs to the Secretary incident to the performance of the

functions provided for under this section except as otherwise

provided in paragraph (2) of this subsection. The fees authorized

by this paragraph shall, as nearly as practicable, cover the costs

of the Secretary incident to performance of its (FOOTNOTE 1)

functions related to weighing, including administrative and

supervisory costs directly related thereto. Such fees shall be

deposited into the fund created in section 79(j) of this title.

(FOOTNOTE 1) So in original. Probably should be ''the

Secretary's''.

(2) Each agency to which authority has been delegated under this

section and each agency or other person which has been designated

to perform functions related to weighing under this section shall

pay to the Secretary fees in such amount as the Secretary

determines fair and reasonable and as will cover the costs incurred

by the Secretary relating to supervision of the agency personnel

and supervision by the Secretary of the Secretary's field office

personnel incurred as a result of the functions performed by such

agencies, except costs incurred under sections 79(g)(3), 85, 86,

and 87c of this title. The fees shall be payable after the

services are performed at such times as specified by the Secretary

and shall be deposited in the fund created in section 79(j) of this

title. Failure to pay the fee within thirty days after it is due

shall result in automatic termination of the delegation or

designation, which shall be reinstated upon payment, within such

period as specified by the Secretary, of the fee currently due plus

interest and any further expenses incurred by the Secretary because

of such termination. The interest rate on overdue fees shall be as

prescribed by the Secretary, but not less than the current average

market yield on outstanding marketable obligations of the United

States of comparable maturity, plus an additional charge of not to

exceed 1 per centum per annum as determined by the Secretary, and

adjusted to the nearest one-eighth of 1 per centum.

(3) The authority provided to the Secretary by paragraph (1) and

the duties imposed by paragraph (2) on agencies and other persons

described in such paragraph shall expire on September 30, 2005.

After that date, the Secretary shall, under such regulations as the

Secretary may prescribe, charge and collect reasonable fees to

cover the estimated costs of official weighing and supervision of

weighing except when the official weighing or supervision of

weighing is performed by a designated official agency or by a State

under a delegation of authority. The fees authorized by this

paragraph shall, as nearly as practicable, cover the costs of the

Secretary incident to its (FOOTNOTE 1) performance of official

weighing and supervision of weighing services in the United States

and on United States grain in Canadian ports, excluding

administrative and supervisory costs. The fees authorized by this

paragraph shall be deposited into a fund which shall be available

without fiscal year limitation for the expenses of the Secretary

incident to providing services under this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 7A, as added Pub. L. 94-582,

Sec. 9, Oct. 21, 1976, 90 Stat. 2875; amended Pub. L. 95-113, title

XVI, Sec. 1602(b), 1604(e), 1606(e), Sept. 29, 1977, 91 Stat. 1025,

1027, 1030; Pub. L. 97-35, title I, Sec. 155(2), Aug. 13, 1981, 95

Stat. 371; Pub. L. 100-518, Sec. 2(2), Oct. 24, 1988, 102 Stat.

2585; Pub. L. 103-156, Sec. 4(b), 5(b), 12(e), 14(b), Nov. 24,

1993, 107 Stat. 1526, 1528, 1530; Pub. L. 103-354, title II, Sec.

293(a)(4), (7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L.

106-472, title I, Sec. 102(b), 103(b), Nov. 9, 2000, 114 Stat.

2059, 2060.)

-REFTEXT-

REFERENCES IN TEXT

The United States Warehouse Act, referred to in subsec. (j), is

part C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, as amended,

which is classified generally to chapter 10 (Sec. 241 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 241 of this title and

Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (i). Pub. L. 106-472, Sec. 102(b), inserted

subsec. heading, designated existing provisions as par. (1),

inserted par. heading, struck out second sentence, which prohibited

more than one official agency or State delegated authority from

operating at one time in any geographic area except as permitted in

pilot programs, and added par. (2).

Subsec. (l)(3). Pub. L. 106-472, Sec. 103(b), substituted

''2005'' for ''2000'' in first sentence.

1994 - Pub. L. 103-354 substituted ''supervision by the Secretary

of the Secretary's field office personnel'' for ''supervision by

Service personnel of its field office personnel'' in first sentence

of subsec. (l)(2) and substituted ''Secretary'' for

''Administrator'' and ''Service'' wherever appearing in subsecs.

(a) to (f) and (i) to (l).

1993 - Subsec. (c)(2). Pub. L. 103-156, Sec. 4(b)(1), in second

sentence, substituted '' 'official weighing' or 'supervision of

weighing' '' for '' 'supervision of weighing' ''.

Subsec. (d). Pub. L. 103-156, Sec. 4(b)(2), inserted before

period at end of second sentence ''or as otherwise provided by

agreement with the Canadian Government''.

Subsec. (e). Pub. L. 103-156, Sec. 12(e), which directed

amendment of ''Section 7A(e)'' by substituting ''regulations as the

Administrator'' for ''regulations as he'', without specifying the

name of the Act being amended, was executed to this section, which

is section 7A of the United States Grain Standards Act, to reflect

the probable intent of Congress.

Subsec. (i). Pub. L. 103-156, Sec. 4(b)(3), 5(b), inserted before

period at end of first sentence ''or as otherwise provided in

section 79(i) of this title and subsection (d) of this section''

and inserted before period at end of second sentence '', except

that the Administrator may conduct pilot programs to allow more

than 1 official agency to carry out the weighing provisions within

a single geographic area without undermining the policy stated in

section 74 of this title''.

Subsec. (l)(3). Pub. L. 103-156, Sec. 14(b), added par. (3).

1988 - Subsec. (l). Pub. L. 100-518 amended subsec. (l)

generally, substituting ''cover the costs of the Service'' for

''cover the costs of the service'' in par. (1).

1981 - Subsec. (l). Pub. L. 97-35 temporarily designated existing

provisions as par. (1), made changes in nomenclature, provided for

inclusion, rather than exclusion, of administrative and supervisory

costs, and struck out provisions respecting availability of

deposited funds, and added par. (2). See Effective and Termination

Dates of 1981 Amendment note below.

1977 - Subsec. (a). Pub. L. 95-113, Sec. 1606(e), substituted

''standards or procedures'' for ''standards''.

Subsec. (b). Pub. L. 95-113, Sec. 1604(e)(1), 1606(e),

substituted ''The Administrator is authorized to cause official

weighing or supervision of weighing under standards or procedures''

for ''The Administrator is authorized to cause supervision of

weighing under standards'' and ''other than at export elevators at

export port locations'' for ''other than at export port

locations''.

Subsec. (c)(2). Pub. L. 95-113, Sec. 1604(e)(2), made technical

amendments to conform par. (2) to increased authority granted in

subsec. (b) to cause official weighing as well as supervision of

weighing at interior inspection points and corrected a

typographical error in which ''number'' had been erroneously used

for ''under'' in text as originally enacted by Pub. L. 94-582.

Subsec. (d). Pub. L. 95-113, Sec. 1604(e)(3), inserted

requirement that all or specified functions of Canadian weighing be

performed by official inspection personnel employed by the Service

or, except for appeals, by persons operating under a contract with

the Service.

Subsec. (e). Pub. L. 95-113, Sec. 1604(e)(4), 1606(e),

substituted ''under standards or procedures provided'' for ''under

standards provided'' and struck out provisions which had required

that the weighing service not be provided for periods of less than

a year, that the fees therefor be set separately from the fees

provided for in subsec. (l), and that they be reasonable,

nondiscriminatory, and equal, as nearly as possible, to the cost of

providing the service.

Subsec. (f)(2). Pub. L. 95-113, Sec. 1604(e)(5)(A), substituted

''permit only competent persons with a reputation for honesty and

integrity and who are approved by the Administrator'' for ''employ

only competent persons with a reputation for honesty and

integrity''.

Subsec. (f)(3). Pub. L. 95-113, Sec. 1604(e)(5)(B), substituted

''when weighing is to be done by persons other than official

inspection personnel, will require such persons to operate the

scales'' for ''when weighing is to be done by employees of the

facility, will require employees to operate the scales''.

Subsec. (g). Pub. L. 95-113, Sec. 1604(e)(6), substituted

''official weighing or supervision of weighing'' for ''official

weighing''.

Subsec. (i). Pub. L. 95-113, Sec. 1604(e)(7), (8), substituted

''No State or local governmental agency'' for ''No State'' and

inserted provision that not more than one official agency or State

delegated authority pursuant to subsection (c)(2) of this section

for carrying out the weighing provisions of this chapter be

operative at one time for any geographic area as determined by the

Administrator to effectuate the objectives stated in section 74 of

this title.

Subsec. (l). Pub. L. 95-113, Sec. 1602(b), revised provisions

relating to fees so as to remove requirement that field supervision

of weighing be supported by fees.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 103(b) of Pub. L. 106-472 effective as if

enacted Sept. 30, 2000, see section 111 of Pub. L. 106-472, set out

as a note under section 79 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

That part of section 2 of Pub. L. 100-518 which provided that the

amendment made by Pub. L. 100-518 was effective for period Oct. 1,

1988, through Sept. 30, 1993, inclusive, was repealed by Pub. L.

103-156, Sec. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530,

eff. Sept. 30, 1993.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT

Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, Sec.

1, Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made

by Pub. L. 97-35 is effective for period beginning Oct. 1, 1981,

and ending Sept. 30, 1988.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1976, see section 27 of

Pub. L. 94-582, as amended, set out as an Effective Date of 1976

Amendment note under section 74 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 75, 84, 87, 87b, 87e, 87h

of this title.

-CITE-

7 USC Sec. 79b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 79b. Testing of equipment

-STATUTE-

(a) Random and periodic testing at least annually; fees

The Secretary shall provide for the testing of all equipment used

in the sampling, grading, inspection, and weighing for the purpose

of official inspection, official weighing, or supervision of

weighing of grain located at all grain elevators, warehouses, or

other storage or handling facilities at which official inspection

or weighing services are provided under this chapter, to be made on

a random and periodic basis, under such regulations as the

Secretary may prescribe, as the Secretary deems necessary to assure

the accuracy and integrity of such equipment. Such regulations

shall provide for the charging and collection of reasonable fees to

cover the estimated costs to the Secretary incident to the

performance of such testing by employees of the Secretary. Such

fees shall be deposited into the fund created by section 79(j) of

this title.

(b) Personnel to conduct testing

The Secretary is authorized to cause such testing provided for in

subsection (a) of this section to be performed (1) by personnel

employed by the Secretary, or (2) by States, political subdivisions

thereof, or persons under the supervision of the Secretary, under

such regulations as the Secretary may prescribe.

(c) Use of non-approved equipment prohibited

Notwithstanding any other provision of law, no person shall use

for the purposes of this chapter any such equipment not approved by

the Secretary.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 7B, as added Pub. L. 94-582,

Sec. 9, Oct. 21, 1976, 90 Stat. 2877; amended Pub. L. 95-113, title

XVI, Sec. 1604(f), Sept. 29, 1977, 91 Stat. 1028; Pub. L. 103-156,

Sec. 12(f), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title

II, Sec. 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L.

106-472, title I, Sec. 104, Nov. 9, 2000, 114 Stat. 2060.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-472 struck out ''but at least

annually and'' before ''under such regulations'' in first sentence.

1994 - Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' and ''Service'' wherever appearing.

1993 - Subsec. (a). Pub. L. 103-156, which directed amendment of

''Section 7B(a)'' by substituting ''as the Administrator deems

necessary'' for ''as he deems necessary'', without specifying the

name of the Act being amended, was executed to this section, which

is section 7B of the United States Grain Standards Act, to reflect

the probable intent of Congress.

1977 - Subsec. (a). Pub. L. 95-113, Sec. 1604(f)(1), (2),

substituted ''and weighing for the purpose of official inspection,

official weighing, or supervision of weighing of grain located at

all grain elevators'' for ''and weighing of grain located at all

grain elevators'' and inserted provisions that regulations provide

for the charging and collection of reasonable fees to cover the

estimated costs to the Service incident to the performance of

testing by employees of the Service and that the fees be deposited

into the fund created by section 79(j) of this title.

Subsec. (c). Pub. L. 95-113, Sec. 1604(f)(3), substituted ''shall

use for the purposes of this chapter'' for ''shall use''.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1976, see section 27 of

Pub. L. 94-582, as amended, set out as an Effective Date of 1976

Amendment note under section 74 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 87b, 87e, 87h of this

title.

-CITE-

7 USC Sec. 79c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 79c. Omitted

-COD-

CODIFICATION

Section, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7C, as added

Aug. 13, 1981, Pub. L. 97-35, title I, Sec. 155(3), 95 Stat. 372;

amended Oct. 11, 1984, Pub. L. 98-469, Sec. 2(2), 98 Stat. 1831,

which limited the total administrative and supervisory costs which

could be incurred under this chapter for fiscal years 1982 through

1988, was effective for the period Oct. 1, 1981, through Sept. 30,

1988, pursuant to section 155 of Pub. L. 97-35, as amended. See

section 79d of this title.

-CITE-

7 USC Sec. 79d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 79d. Limitation on administrative and supervisory costs

-STATUTE-

The total administrative and supervisory costs which may be

incurred under this chapter for services performed (excluding

standardization, compliance, and foreign monitoring activities) for

each of the fiscal years 1989 through 2005 shall not exceed 30

percent of the total costs for such activities carried out by the

Secretary for such year.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 7D, as added Pub. L. 100-518,

Sec. 2(3), Oct. 24, 1988, 102 Stat. 2585; amended Pub. L. 103-156,

Sec. 2, Nov. 24, 1993, 107 Stat. 1525; Pub. L. 103-354, title II,

Sec. 293(a)(8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106-472,

title I, Sec. 105, Nov. 9, 2000, 114 Stat. 2060.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-472 substituted ''2005'' for ''2000'' and ''30

percent'' for ''40 per centum''.

1994 - Pub. L. 103-354 substituted ''Secretary'' for ''Service''.

1993 - Pub. L. 103-156 substituted ''services performed'' for

''inspection and weighing'' and ''2000'' for ''1993''.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-472 effective as if enacted Sept. 30,

2000, see section 111 of Pub. L. 106-472, set out as a note under

section 79 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-156 effective as of Sept. 30, 1993, see

section 16(b) of Pub. L. 103-156, set out as a note under section

75 of this title.

EFFECTIVE AND TERMINATION DATES

That part of section 2 of Pub. L. 100-518 which provided that

section was effective for the period Oct. 1, 1988, through Sept.

30, 1993, inclusive, was repealed by Pub. L. 103-156, Sec. 13(a),

16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993.

-CITE-

7 USC Sec. 80 to 83 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 80 to 83. Omitted

-COD-

CODIFICATION

Sections were omitted in the general reorganization of this

chapter by Pub. L. 90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 761.

Section 80, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39

Stat. 484, provided for revocation and suspension of licenses

issued by the Secretary of Agriculture. See section 85 of this

title.

Section 81, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39

Stat. 484, prohibited the existence of an interest, financial or

otherwise, direct or indirect, on the part of inspectors in grain

elevators or warehouses or in the merchandising of grain. See

section 87 of this title.

Section 82, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39

Stat. 484, required maintenance of records and reports by

inspectors. See section 87a of this title.

Section 83, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39

Stat. 484, called for a semiannual report by the Secretary of

Agriculture on the delivery of grain in the nation.

-CITE-

7 USC Sec. 84 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 84. Licensing of inspectors

-STATUTE-

(a) Authorization

The Secretary is authorized (1) to issue a license to any

individual upon presentation to the Secretary of satisfactory

evidence that such individual is competent, and is employed (or is

supervised under a contractual arrangement) by an official agency

or a State agency delegated authority under section 79 or 79a of

this title, to perform all or specified functions involved in

original inspection or reinspection functions involved in official

inspection, or in the official weighing or the supervision of

weighing, other than appeal weighing, of grain in the United

States; (2) to authorize any competent employee of the Secretary to

(A) perform all or specified original inspection, reinspection, or

appeal inspection functions involved in official inspection of

grain in the United States, or of United States grain in Canadian

ports, (B) perform official weighing or supervision of weighing

(including appeal weighing) of grain in the United States, or of

United States grain in Canadian ports, (C) supervise the official

inspection, official weighing, or supervision of weighing of grain

in the United States and of United States grain in Canadian ports

or the testing of equipment, and (D) perform monitoring activities

in foreign ports with respect to grain officially inspected and

officially weighed under this chapter; (3) to contract with any

person or governmental agency to perform specified sampling,

laboratory testing, inspection, weighing, and similar technical

functions and to license competent persons to perform such

functions pursuant to such contract; and (4) to contract with any

competent person for the performance of monitoring activities in

foreign ports with respect to grain officially inspected and

officially weighed under this chapter. Except as otherwise

provided in sections 79(i) and 79a(d) of this title, no person

shall perform any official inspection or weighing function for

purposes of this chapter unless such person holds an unsuspended

and unrevoked license or authorization from the Secretary under

this chapter.

(b) Duration of licenses; suspension; reinstatement

All classes of licenses issued under this chapter shall terminate

triennially on a date or dates to be fixed by regulation of the

Secretary: Provided, That any license shall be suspended

automatically when the licensee ceases to be employed by an

official agency or by a State agency under a delegation of

authority pursuant to this chapter or to operate under the terms of

a contract for the conduct of any functions under this chapter:

Provided further, That subject to subsection (c) of this section

such license shall be reinstated if the licensee is employed by an

official agency or by a State agency under a delegation of

authority pursuant to this chapter or resumes operation under such

a contract within one year of the suspension date and the license

has not expired in the interim.

(c) Examination of applicants; reexaminations

The Secretary may require such examinations and reexaminations as

the Secretary may deem warranted to determine the competence of any

applicants for licenses, licensees, or employees of the Secretary,

to perform any official inspection or weighing function under this

chapter.

(d) Inspectors performing under contract not deemed Federal

employees

Persons employed or supervised under a contractual arrangement by

an official agency (including persons employed or supervised under

a contractual arrangement by a State agency under a delegation of

authority pursuant to this chapter) and persons performing official

inspection functions under contract with the Secretary shall not,

unless otherwise employed by the Federal Government, be determined

to be employees of the Federal Government of the United States:

Provided, That such persons shall be considered in the performance

of any official inspection, official weighing, or supervision of

weighing function as prescribed by this chapter or by the rules and

regulations of the Secretary, as persons acting for or on behalf of

the United States, for the purpose of determining the application

of section 201 of title 18, to such persons and as employees of the

Department of Agriculture assigned to perform inspection functions

for the purposes of sections 1114 and 111 of title 18.

(e) Hiring of official inspection personnel and supervisory

personnel without regard to laws governing appointments to the

competitive service

The Secretary may hire (without regard to the provisions of title

5 governing appointments in the competitive service) as official

inspection personnel any individual who is licensed (on October 21,

1976) to perform functions of official inspection under this

chapter and as personnel to perform supervisory weighing or

official weighing functions any individual who, on October 21,

1976, was performing similar functions: Provided, That the

Secretary determines that such individual is of good moral

character and is technically and professionally qualified for the

duties to which the individual will be assigned. The Secretary may

compensate such personnel at any rate within the appropriate grade

of the General Schedule as the Secretary deems necessary without

regard to section 5333 of title 5.

(f) Periodic rotation of personnel

The Secretary shall provide for the periodic rotation of

supervisory personnel and official inspection personnel employed by

the Secretary as the Secretary deems necessary to preserve the

integrity of the official inspection and weighing system provided

by this chapter.

(g) Recruitment, training, and supervision of personnel; work

production standards; exemption for certain personnel

The Secretary shall develop and effectuate standards for the

recruiting, training, and supervising of official inspection

personnel and appropriate work production standards for such

personnel, which shall be applicable to the Secretary, all State

agencies under delegation of authority pursuant to this chapter,

and all official agencies and all persons licensed or authorized to

perform functions under this chapter: Provided, That persons

licensed or authorized on October 21, 1976, to perform any official

function under this chapter, shall be exempted from the uniform

recruiting and training provisions of this subsection and

regulations or standards issued pursuant thereto if the Secretary

determines that such persons are technically and professionally

qualified for the duties to which they will be assigned and they

agree to complete whatever additional training the Secretary deems

necessary.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 8, 39 Stat. 485; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 764; Pub. L. 94-582, Sec.

10, Oct. 21, 1976, 90 Stat. 2877; Pub. L. 95-113, title XVI, Sec.

1604(g), 1606(f), Sept. 29, 1977, 91 Stat. 1028, 1030; Pub. L.

103-156, Sec. 6, 12(g), Nov. 24, 1993, 107 Stat. 1526, 1528; Pub.

L. 103-354, title II, Sec. 293(a)(7), (8), Oct. 13, 1994, 108 Stat.

3237; Pub. L. 106-472, title I, Sec. 106, Nov. 9, 2000, 114 Stat.

2060.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (e), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

The General Schedule, referred to in subsec. (e), is set out

under section 5332 of Title 5.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-472 inserted ''inspection,

weighing,'' after ''laboratory testing,''.

1994 - Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' and ''Service'' wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(g), which directed amendment of

''Section 8'', without specifying the name of the Act being

amended, was executed to this section, which is section 8 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a). Pub. L. 103-156, Sec. 6(1), 12(g)(1), in cl. (1),

substituted ''presentation to the Administrator'' for

''presentation to him'' and inserted ''(or is supervised under a

contractual arrangement)'' after ''and is employed'', and in second

sentence, substituted ''Except as otherwise provided in sections

79(i) and 79a(d) of this title, no person'' for ''No person''.

Subsec. (b). Pub. L. 103-156, Sec. 6(2), substituted ''under the

terms of a contract for the conduct of any functions'' for

''independently under the terms of a contract for the conduct of

any functions involved in official inspection''.

Subsec. (c). Pub. L. 103-156, Sec. 12(g)(2), substituted ''the

Administrator'' for ''he''.

Subsec. (d). Pub. L. 103-156, Sec. 6(3), inserted ''or supervised

under a contractual arrangement'' after ''Persons employed'' and

after ''including persons employed''.

Subsec. (f). Pub. L. 103-156, Sec. 12(g)(2), substituted ''the

Administrator'' for ''he''.

1977 - Subsec. (a)(1). Pub. L. 95-113, Sec. 1604(g)(1)(A),

substituted ''weighing, other than appeal weighing, of grain'' for

''weighing of grain''.

Subsec. (a)(2)(B). Pub. L. 95-113, Sec. 1604(g)(1)(B),

substituted ''weighing (including appeal weighing) of grain in the

United States, or of United States grain in Canadian ports'' for

''weighing of grain''.

Subsec. (a)(3). Pub. L. 95-113, Sec. 1604(g)(1)(C), substituted

''any person or governmental agency specified sampling, laboratory

testing, and similar technical functions'' for ''any person to

perform specified sampling and laboratory testing''.

Subsec. (e). Pub. L. 95-113, Sec. 1604(g)(2), inserted provisions

authorizing the Administrator to compensate the personnel at any

rate within the appropriate grade of the General Schedule as the

Administrator deems necessary without regard to section 5333 of

title 5.

Subsec. (f). Pub. L. 95-113, Sec. 1606(f), substituted ''official

inspection and weighing system'' for ''official inspection

system''.

1976 - Subsec. (a). Pub. L. 94-582 substituted ''Administrator''

for ''Secretary'' in two places; designated existing provisions as

item (1) and substituted ''official agency or a State agency

delegated authority under section 79 or 79a of this title, to

perform all or specified functions involved in original inspection

or reinspection functions involved in official inspection, or in

the official weighing or the supervision of weighing of grain in

the United States'' for ''official inspection agency to perform all

or specified functions involved in official inspection'';

substituted provisions designated as item (2) for ''to authorize

any competent employee of the Department of Agriculture to perform

all or specified functions involved in supervisory or appeal

inspection or initial inspection of United States grain in Canadian

ports''; inserted items (3) and (4); struck out authorization to

license any competent individual to perform specified functions

involved in official inspection under a contract with the

Department of Agriculture; and conditioned performance of any

official weighing function on the holding of a license or

authorization.

Subsec. (b). Pub. L. 94-582 substituted ''Administrator'' for

''Secretary'', ''official agency'' for ''official inspection

agency'' in two places, and ''subsection (c)'' for ''paragraph

(c)'', and inserted provision respecting employment of licensee by

a State agency under a delegation of authority pursuant to this

chapter in two places.

Subsec. (c). Pub. L. 94-582 substituted ''Administrator'' for

''Secretary'' and ''Service'' for ''Department of Agriculture'' and

included performance of weighing function.

Subsec. (d). Pub. L. 94-582 substituted ''official agency

(including persons employed by a State agency under a delegation of

authority pursuant to this chapter)'' for ''official inspection

agency'' and ''contract with the Service'' for ''contracts with the

Department of Agriculture'' and inserted provision respecting

status as persons acting for or on behalf of the United States in

application of sections 118, 201, and 1114 of Title 18.

Subsecs. (e) to (g). Pub. L. 94-582 added subsecs. (e) to (g).

1968 - Pub. L. 90-487 substituted provisions for the licensing

and examination and reexamination of inspectors for provisions

authorizing the Secretary of Agriculture to promulgate rules and

regulations.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 75, 77, 79, 87b of this

title.

-CITE-

7 USC Sec. 85 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 85. Suspension, revocation, and refusal to renew licenses;

hearing; grounds; temporary suspension

-STATUTE-

The Secretary may refuse to renew, or may suspend or revoke, any

license issued under this chapter whenever, after the licensee has

been afforded an opportunity for a hearing, the Secretary shall

determine that such licensee is incompetent, or has inspected or

weighed or supervised the weighing of grain for purposes of this

chapter, by any standard or criteria other than as provided for in

this chapter, or has issued, or caused the issuance of, any false

or incorrect official certificate or other official form, or has

knowingly or carelessly inspected or weighed or supervised the

weighing of grain improperly under this chapter, or has accepted

any money or other consideration, directly or indirectly, for any

neglect or improper performance of duty, or has used the license or

allowed it to be used for any improper purpose, or has otherwise

violated any provision of this chapter or of the regulations

prescribed or instructions issued to the licensee by the Secretary

under this chapter. The Secretary may, without first affording the

licensee an opportunity for a hearing, suspend any license

temporarily pending final determination whenever the Secretary

deems such action to be in the best interests of the official

inspection system under this chapter. The Secretary may summarily

revoke any license whenever the licensee has been convicted of any

offense prohibited by section 87b of this title or convicted of any

offense proscribed by title 18, with respect to performance of

functions under this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 9, 39 Stat. 485; Aug. 1,

1956, ch. 812, 70 Stat. 780; Pub. L. 90-487, Sec. 1, Aug. 15, 1968,

82 Stat. 765; Pub. L. 94-582, Sec. 11, Oct. 21, 1976, 90 Stat.

2879; Pub. L. 103-156, Sec. 12(h), Nov. 24, 1993, 107 Stat. 1528;

Pub. L. 103-354, title II, Sec. 293(a)(7), Oct. 13, 1994, 108 Stat.

3237.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' wherever appearing.

1993 - Pub. L. 103-156, which directed amendment of ''Section 9''

by substituting ''or has used the license'' for ''or has used his

license'' and ''instructions issued to the licensee'' for

''instructions issued to him'', without specifying the name of the

Act being amended, was executed to this section, which is section 9

of the United States Grain Standards Act, to reflect the probable

intent of Congress.

1976 - Pub. L. 94-582 substituted ''Administrator'' for

''Secretary'' wherever appearing and ''inspected or weighed or

supervised the weighing of'' for ''inspected'' in two places and

authorized summary revocation of licenses based on conviction of

prescribed offenses.

1968 - Pub. L. 90-487 substituted provisions authorizing the

suspension, revocation, and refusal of renewal of licenses by the

Secretary, for provisions setting out the penalties for violations

of this chapter.

1956 - Act Aug. 1, 1956, provided penalties for persons who

knowingly sample grain improperly and for persons who knowingly or

willfully cause or attempt to cause the issuance of a false grade

certificate by deceptive loading, handling, or sampling of grain,

or any other means.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79, 79a, 87e of this

title.

-CITE-

7 USC Sec. 86 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 86. Refusal of inspection and weighing services; civil

penalties

-STATUTE-

(a) Grounds for refusal of services

The Secretary may (for such period, or indefinitely, as the

Secretary deems necessary to effectuate the purposes of this

chapter) refuse to provide official inspection or the services

related to weighing otherwise available under this chapter with

respect to any grain offered for such services, or owned, wholly or

in part, by any person if the Secretary determines (1) that the

individual (or in case such person is a partnership, any general

partner; or in case such person is a corporation, any officer,

director, or holder or owner of more than 10 per centum of the

voting stock; or in case such person is an unincorporated

association or other business entity, any officer or director

thereof; or in case of any such business entity, any individual who

is otherwise responsibly connected with the business) has knowingly

committed any violation of section 87b of this title, or has been

convicted of any violation of other Federal law with respect to the

handling, weighing, or official inspection of grain, or that

official inspection or the services related to weighing have been

refused for any of the above-specified causes (for a period which

has not expired) to such person, or any other person conducting a

business with which the former was, at the time such cause existed,

or is responsibly connected; and (2) that providing such service

with respect to such grain would be inimical to the integrity of

the service.

(b) Persons responsibly connected with a business

For purposes of subsection (a) of this section, a person shall be

deemed to be responsibly connected with a business if the person

was or is a partner, officer, director, or holder or owner of 10

per centum or more of its voting stock, or an employee in a

managerial or executive capacity.

(c) Civil penalties

In addition to, or in lieu of, penalties provided under section

87c of this title, or in addition to, or in lieu of, refusal of

official inspection or services related to weighing in accordance

with this section, the Secretary may assess against any person who

has knowingly committed any violation of section 87b of this title

or has been convicted of any violation of other Federal law with

respect to the handling, weighing, or official inspection of grain

a civil penalty not to exceed $75,000 for each such violation as

the Secretary determines is appropriate to effectuate the

objectives stated in section 74 of this title.

(d) Opportunity for hearing; temporary refusal without hearing

pending final determination

Before official inspection or services related to weighing is

refused to any person or a civil penalty is assessed against any

person under this section, such person shall be afforded

opportunity for a hearing in accordance with sections 554, 556, and

557 of title 5: Provided, That the Secretary may, without first

affording the person a hearing, refuse official inspection or

services related to weighing temporarily pending final

determination whenever the Secretary has reason to believe there is

cause for refusal of inspection or services related to weighing and

considered such action to be in the best interest of the official

inspection system under this chapter. The Secretary shall afford

such person an opportunity for a hearing within seven days after

temporarily refusing official inspection or services related to

weighing; and such hearing and ancillary procedures related thereto

shall be conducted in an expedited manner.

(e) Collection and disposition of civil penalties

Moneys received in payment of such civil penalties shall be

deposited in the general fund of the United States Treasury. Upon

any failure to pay the penalties assessed under this section, the

Secretary may request the Attorney General of the United States to

institute a civil action to collect the penalties in the

appropriate court identified in subsection (h) of section 87f of

this title for the jurisdiction in which the respondent is found or

resides or transacts business, and such court shall have

jurisdiction to hear and decide any such action.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 10, 39 Stat. 485; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 765; Pub. L. 94-582, Sec.

12, Oct. 21, 1976, 90 Stat. 2879; Pub. L. 103-156, Sec. 12(i), Nov.

24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II, Sec.

293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (c) to (e). Pub. L. 103-354 substituted

''Secretary'' for ''Administrator'' wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(i), which directed amendment of

''Section 10'', without specifying the name of the Act being

amended, was executed to this section, which is section 10 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a). Pub. L. 103-156, Sec. 12(i)(1), substituted ''the

Administrator'' for ''he'' in two places.

Subsec. (b). Pub. L. 103-156, Sec. 12(i)(2), substituted ''the

person'' for ''he''.

1976 - Subsec. (a). Pub. L. 94-582 substituted ''Administrator''

for ''Secretary'', ''grain offered for such services'' for ''grain

offered for inspection'', ''has knowingly committed any violation

of section 87b of this title or has been convicted of any violation

of other Federal law with respect to the handling, weighing, or

official inspection of grain, or that official inspection or the

services related to weighing have been refused'' for ''has been

convicted of any violation of section 87b of this title, or that

official inspection has been refused'', and ''integrity of the

service'' for ''integrity of the official inspection service'', and

authorized refusal of provision of services relating to weighing.

Subsec. (c). Pub. L. 94-582 added subsec. (c). Former subsec. (c)

redesignated (d).

Subsec. (d). Pub. L. 94-582 redesignated provisions of former

subsec. (c) as (d), inserted ''or services related to weighing''

before ''is refused'', inserted ''or a civil penalty is assessed

against any person under this section'' after ''to any person'',

provided for the hearing under sections 554, 556, and 557 of title

5, and inserted provisions relating to temporary refusal without

hearing pending final determination.

Subsec. (e). Pub. L. 94-582 added subsec. (e).

1968 - Pub. L. 90-487 substituted provisions authorizing the

Secretary to refuse official inspection and affording an

opportunity for a hearing in such a case, for provisions setting

the penalty for interference with the execution of official duties.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79, 79a, 87c of this

title.

-CITE-

7 USC Sec. 87 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87. Conflicts of interest

-STATUTE-

(a) Prohibition with respect to persons licensed or authorized by

Secretary to perform official functions

No person licensed or authorized by the Secretary to perform any

official function under this chapter, or employed by the Secretary

in otherwise carrying out any of the provisions of this chapter,

shall, during the term of such license, authorization, or

employment, (a) be financially interested (directly or otherwise)

in any business entity owning or operating any grain elevator or

warehouse or engaged in the merchandising of grain, or (b) be in

the employment of, or accept gratuities from, any such entity, or

(c) be engaged in any other kind of activity specified by

regulation of the Secretary as involving a conflict of interest:

Provided, however, That the Secretary may license qualified

employees of any grain elevators or warehouses to perform official

sampling functions, under such conditions as the Secretary may by

regulation prescribe, and the Secretary may by regulation provide

such other exceptions to the restrictions of this section as the

Secretary determines are consistent with the purposes of this

chapter.

(b) Prohibition with respect to personnel of official or State

agencies and business or governmental entities related to such

agencies; substantial stockholder; use of official inspection

service; authority delegation; report to Congressional

committees

(1) No official agency or a State agency delegated authority

under this chapter, or any member, director, officer, or employee

thereof, and no business or governmental entity related to any such

agency, shall be employed in or otherwise engaged in, or directly

or indirectly have any stock or other financial interest in, any

business involving the commercial transportation, storage,

merchandising, or other commercial handling of grain, or the use of

official inspection service (except that in the case of a producer

such use shall not be prohibited for grain in which the producer

does not have an interest); and no business or governmental entity

conducting any such business, or any member, director, officer, or

employee thereof, and no other business or governmental entity

related to any such entity, shall operate or be employed by or

directly or indirectly have any stock or other financial interest

in, any official agency or a State agency delegated inspection

authority. Further, no substantial stockholder in any incorporated

official agency shall be employed in or otherwise engaged in, or be

a substantial stockholder in any corporation conducting any such

business, or directly or indirectly have any other kind of

financial interest in any such business; and no substantial

stockholder in any corporation conducting such a business shall

operate or be employed by or be a substantial stockholder in, or

directly or indirectly have any other kind of financial interest

in, any official agency.

(2) A substantial stockholder of a corporation shall be any

person holding 2 per centum or more, or one hundred shares or more,

of the voting stock of the corporation, whichever is the lesser

interest. Any entity shall be considered to be related to another

entity if it owns or controls, or is owned or controlled by, such

other entity, or both entities are owned or controlled by another

entity.

(3) Each State agency delegated official weighing authority under

section 79a of this title and each State or local agency or other

person designated by the Secretary under such section to perform

official weighing or supervision of weighing shall be subject to

the provisions of subsection (b) of this section. The term ''use

of official inspection service'' shall be deemed to refer to the

use of the services provided under such a delegation or

designation.

(4) If a State or local governmental agency is delegated

authority to perform official inspection or official weighing or

supervision of weighing, or a State or local governmental agency is

designated as an official agency, the Secretary shall specify the

officials and other personnel thereof to which the conflict of

interest provisions of this subsection (b) apply.

(5) Notwithstanding the foregoing provisions of this subsection,

the Secretary may delegate authority to a State agency or designate

a governmental agency, board of trade, chamber of commerce, or

grain exchange to perform official inspection or perform official

weighing or supervision of weighing except that for purposes of

supervision of weighing only, the Secretary may also designate any

other person, if the Secretary determines that any conflict of

interest which may exist between the agency or person or any

member, director, officer, employee, or stockholder thereof and any

business involving the transportation, storage, merchandising, or

other handling of grain or use of official inspection or weighing

service is not such as to jeopardize the integrity or the effective

and objective operation of the functions performed by such agency.

Whenever the Secretary makes such a determination and makes a

delegation or designation to an agency that has a conflict of

interest otherwise prohibited by this subsection, the Secretary

shall, within thirty days after making such a determination, submit

a report to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate, detailing the factual bases for such

determination.

(c) Official agencies or State agencies not prevented from engaging

in business of weighing grain

The provisions of this section shall not prevent an official

agency or State agency delegated authority under this chapter from

engaging in the business of weighing grain.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 11, 39 Stat. 485; Pub. L.

90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 766; Pub. L. 94-582, Sec.

13, Oct. 21, 1976, 90 Stat. 2880; Pub. L. 95-113, title XVI, Sec.

1604(h), 1606(g), Sept. 29, 1977, 91 Stat. 1028, 1030; Pub. L.

103-156, Sec. 12(j), Nov. 24, 1993, 107 Stat. 1529; Pub. L.

103-354, title II, Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237;

Pub. L. 103-437, Sec. 4(a)(1), Nov. 2, 1994, 108 Stat. 4581.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (b). Pub. L. 103-354 substituted

''Secretary'' for ''Administrator'' wherever appearing.

Subsec. (b)(5). Pub. L. 103-437 substituted ''Committee on

Agriculture, Nutrition, and Forestry'' for ''Committee on

Agriculture and Forestry''.

1993 - Pub. L. 103-156, Sec. 12(j), which directed amendment of

''Section 11'', without specifying the name of the Act being

amended, was executed to this section, which is section 11 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a). Pub. L. 103-156, Sec. 12(j)(1), substituted ''the

Administrator'' for ''he'' before ''determines''.

Subsec. (b)(1). Pub. L. 103-156, Sec. 12(j)(2)(A), substituted

''the producer'' for ''he''.

Subsec. (b)(5). Pub. L. 103-156, Sec. 12(j)(2)(B), substituted

''the Administrator'' for ''he'' in two places.

1977 - Subsec. (b)(3). Pub. L. 95-113, Sec. 1604(h)(1),

substituted ''to perform official weighing or supervision of

weighing'' for ''to perform supervision of weighing''.

Subsec. (b)(4). Pub. L. 95-113, Sec. 1606(g), substituted

''official weighing or supervision of weighing'' for ''official

weighing''.

Subsec. (b)(5). Pub. L. 95-113, Sec. 1604(h)(2), substituted ''to

perform official inspection or perform official weighing or

supervision of weighing except that'' for ''to perform official

inspection or perform supervision of weighing except that'' and

''member, director, officer'' for ''member, officer''.

Subsec. (c). Pub. L. 95-113, Sec. 1604(h)(3), inserted ''or State

agency delegated authority under this chapter'' after ''official

agency''.

1976 - Subsec. (a). Pub. L. 94-582, Sec. 13(a)-(c), substituted

''Administrator'' for ''Secretary'' wherever appearing and

''perform any official function'' for ''perform any official

inspection function'', and designated first paragraph provisions,

as amended, as subsec. (a), respectively.

Subsecs. (b), (c). Pub. L. 94-582, Sec. 13(c), added subsecs. (b)

and (c).

1968 - Pub. L. 90-487 substituted provisions prohibiting a

conflict of interest on the part of inspectors who are interested

financially in a grain elevator or in grain merchandising, for

provisions covering the separability of provisions of this chapter.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-487, see section 2

of Pub. L. 90-487, set out as a note under section 78 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79, 87b of this title.

-CITE-

7 USC Sec. 87a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87a. Records

-STATUTE-

(a) Samples of grain

Every official agency, every State agency delegated authority

under this chapter, and every person licensed to perform any

official inspection or official weighing or supervision of weighing

function under this chapter shall maintain such samples of

officially inspected grain and such other records as the Secretary

may by regulation prescribe for the purpose of administration and

enforcement of this chapter.

(b) Period of maintenance

Every official agency, every State agency delegated authority

under this chapter, and every person licensed to perform any

official inspection or official weighing or supervision of weighing

function under this chapter required to maintain records under this

section shall keep such records for a period of five years after

the inspection, weighing, or transaction, which is the subject of

the record, occurred: Provided, That grain samples shall be

required to be maintained only for such period not in excess of

ninety days as the Secretary, after consultation with the grain

trade and taking into account the needs and circumstances of local

markets, shall prescribe; and in specific cases other records may

be required by the Secretary to be maintained for not more than

three years in addition to the five-year period whenever in the

judgment of the Secretary the retention of such records for the

longer period is necessary for the effective administration and

enforcement of this chapter.

(c) Access to records; audits

Every official agency, every State agency delegated authority

under this chapter, and every person licensed to perform any

official inspection or official weighing or supervision of weighing

function under this chapter required to maintain records under this

section shall permit any authorized representative of the Secretary

or the Comptroller General of the United States to have access to,

and to copy, such records at all reasonable times. The Secretary

shall, from time to time, perform audits of official agencies and

State agencies delegated authority of this chapter in such manner

and at such periodic intervals as the Secretary deems appropriate.

(d) Maintenance of records by persons or entities receiving

official inspection or weighing services; access to records and

facilities

Every State, political subdivision thereof, or person who is the

owner or operator of a commercial grain elevator, warehouse, or

other storage or handling facility or is engaged in the

merchandising of grain other than as a producer, and who, at any

time, has obtained or obtains official inspection or weighing

services shall maintain such complete and accurate records for such

period of time as the Secretary may, by regulation, prescribe for

the purpose of the administration and enforcement of this chapter,

and permit any authorized representative of the Secretary, at all

reasonable times, to have access to, and to copy, such records and

to have access to any grain elevator, warehouse, or other storage

or handling facility used by such persons for handling of grain.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 12, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 766; amended Pub. L. 94-582, Sec.

14, Oct. 21, 1976, 90 Stat. 2882; Pub. L. 95-113, title XVI, Sec.

1601, 1604(i), Sept. 29, 1977, 91 Stat. 1024, 1029; Pub. L.

103-156, Sec. 12(k), Nov. 24, 1993, 107 Stat. 1529; Pub. L.

103-354, title II, Sec. 293(a)(5)-(7), Oct. 13, 1994, 108 Stat.

3237.)

-MISC1-

PRIOR PROVISIONS

A prior section 12 of act Aug. 11, 1916, ch. 313, pt. B, 39

Stat. 485, which appropriated a sum of $250,000 for expenses of

carrying into effect this chapter, was not classified to the Code.

AMENDMENTS

1994 - Pub. L. 103-354 struck out ''or Administrator'' after

''representative of the Secretary'' in subsec. (c), struck out ''or

the Administrator'' after ''representative of the Secretary'' in

subsec. (d), and substituted ''Secretary'' for ''Administrator''

wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(k), which directed amendment of

''Section 12'', without specifying the name of the Act being

amended, was executed to this section, which is section 12 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (b). Pub. L. 103-156, Sec. 12(k)(1), substituted ''the

judgment of the Administrator'' for ''his judgment''.

Subsec. (c). Pub. L. 103-156, Sec. 12(k)(2), substituted ''the

Administrator'' for ''he''.

1977 - Subsecs. (a), (b). Pub. L. 95-113, Sec. 1604(i)(1),

inserted '', every State agency delegated authority under this

chapter,'' after ''official agency''.

Subsec. (c). Pub. L. 95-113, Sec. 1604(i)(1), (2), inserted '',

every State delegated authority under this chapter,'' after

''official agency'' and corrected a typographical error in Pub. L.

94-582 under which ''delegate authority of this chapter'' had been

erroneously used instead of ''delegated authority under this

chapter''.

Subsec. (d). Pub. L. 95-113, Sec. 1601, substituted ''shall

maintain such complete and accurate records for such period of time

as the Administrator may, by regulation, prescribe for the purpose

of the administration and enforcement of this chapter'' for

''shall, within the five-year period thereafter, maintain complete

and accurate records of purchases, sales, transportation, storage,

weighing, handling, treating, cleaning, drying, blending, and other

processing, and official inspection and official weighing of

grain,''.

1976 - Subsec. (a). Pub. L. 94-582 substituted ''official

agency'' for ''official inspection agency'' and ''Administrator''

for ''Secretary'' and inserted reference to licensed performance of

official weighing or supervision of weighing function.

Subsec. (b). Pub. L. 94-582 substituted ''Every official agency

and every person licensed to perform any official inspection or

official weighing or supervision of weighing function under this

chapter'' for ''Every official inspection agency'' and

''Administrator'' for ''Secretary'' in two places, increased from

two to five years the period of time for keeping the records, and

inserted provision for keeping the records after the weighing.

Subsec. (c). Pub. L. 94-582 substituted ''Every official agency

and every person licensed to perform any official inspection or

official weighing or supervision of weighing function under this

chapter'' for ''Every official inspection agency'', provided for

access to and the copying of records by any authorized

representative of the Administrator or the Comptroller General, and

required Administrator audits of official agencies and State

agencies delegate authority.

Subsec. (d). Pub. L. 94-582 added subsec. (d).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

MAINTENANCE OF RECORDS NOT INVOLVING OFFICIAL INSPECTION OR

OFFICIAL WEIGHING

Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1055, provided

in part: ''That hereafter, none of the funds available to the

Federal Grain Inspection Service may be used to pay the salaries of

any person or persons who require, or who authorize payments from

fee-supported funds to any person or persons who require nonexport,

nonterminal interior elevators to maintain records not involving

official inspection or official weighing in the United States under

Public Law 94-582 (see Short Title of 1976 Amendment note set out

under section 71 of this title) other than those necessary to

fulfill the purposes of such Act.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-341, title I, Aug. 14, 1992, 106 Stat. 883.

Pub. L. 102-142, title I, Oct. 28, 1991, 105 Stat. 887.

Pub. L. 101-506, title I, Nov. 5, 1990, 104 Stat. 1324.

Pub. L. 101-161, title I, Nov. 21, 1989, 103 Stat. 960.

Pub. L. 100-460, title I, Oct. 1, 1988, 102 Stat. 2238.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 87b of this title.

-CITE-

7 USC Sec. 87b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87b. Prohibited acts

-STATUTE-

(a) No person shall -

(1) knowingly falsely make, issue, alter, forge, or counterfeit

any official certificate or other official form or official mark;

(2) knowingly utter, publish, or use as true any falsely made,

issued, altered, forged, or counterfeited official certificate or

other official form or official mark, or knowingly possess,

without promptly notifying the Secretary or the representative of

the Secretary, or fail to surrender to such a representative upon

demand, any falsely made, issued, altered, forged, or

counterfeited official certificate or other official form, or any

device for making any official mark or simulation thereof, or

knowingly possess any grain in a container bearing any falsely

made, issued, altered, forged, or counterfeited official mark

without promptly giving such notice;

(3) knowingly cause or attempt (whether successfully or not) to

cause the issuance of a false or incorrect official certificate

or other official form by any means, including but not limited to

deceptive loading, handling, weighing, or sampling of grain, or

submitting grain for official inspection or official weighing or

supervision of weighing knowing that it has been deceptively

loaded, handled, weighed, or sampled, without disclosing such

knowledge to the official inspection personnel before official

sampling or official weighing or supervision of weighing;

(4) alter any official sample of grain in any manner or,

knowing that an official sample has been altered, thereafter

represent it as an official sample;

(5) knowingly use any official grade designation or official

mark on any container of grain by means of a tag, label, or

otherwise, unless the grain in such container was officially

inspected on the basis of an official sample taken while the

grain was being loaded into or was in such container or

officially weighed, respectively, and the grain was found to

qualify for such designation or mark;

(6) knowingly make any false representation that any grain has

been officially inspected, or officially inspected and found to

be of a particular kind, class, quality, or condition, or that

particular facts have been established with respect to grain by

official inspection under this chapter, or that any weighing

service under this chapter has been performed with respect to

grain;

(7) improperly influence, or attempt to improperly influence,

any official inspection personnel or personnel of agencies

delegated authority or of agencies or other persons designated

under this chapter or any officer or employee of the Department

of Agriculture with respect to the performance of the duties of

the officer, employee, or other person under this chapter;

(8) forcibly assault, resist, oppose, impede, intimidate, or

interfere with any official inspection personnel or personnel of

agencies delegated authority or of agencies or other persons

designated under this chapter or any officer or employee of the

Department of Agriculture in, or on account of, the performance

of the duties of the officer, employee, or other person under

this chapter;

(9) falsely represent that the person is licensed or authorized

to perform an official inspection or official weighing or

supervision of weighing function under this chapter;

(10) use any false or misleading means in connection with the

making or filing of an application for official inspection or

official weighing or supervision of weighing;

(11) violate section 77, 78, 79, 79a, 79b, 84, 87, 87a, 87e, or

87f-1 of this title;

(12) knowingly engage in falsely stating or falsifying the

weight of any grain shipped in interstate or foreign commerce by

any means, including, but not limited to, the use of inaccurate,

faulty, or defective weighing equipment; or

(13) knowingly prevent or impede any buyer or seller of grain

or other person having a financial interest in grain, or the

authorized agent of any such person, from observing the loading

of the grain inspected under this chapter and the weighing,

sampling, and inspection of such grain under conditions

prescribed by the Secretary.

(b) No person licensed or authorized to perform any function

under this chapter shall -

(1) commit any offense prohibited by subsection (a) of this

section;

(2) knowingly perform improperly any official sampling or other

official inspection or weighing function under this chapter;

(3) knowingly execute or issue any false or incorrect official

certificate or other official form; or

(4) accept money or other consideration, directly or

indirectly, for any neglect or improper performance of duty.

(c) An offense shall be deemed to have been committed knowingly

under this chapter if it resulted from gross negligence or was

committed with knowledge of the pertinent facts.

(d)(1) Subject to paragraphs (2) and (3), to ensure the quality

of grain marketed in or exported from the United States -

(A) no dockage or foreign material, as defined by the

Secretary, once removed from grain shall be recombined with any

grain; and

(B) no dockage or foreign material of any origin may be added

to any grain.

(2) Nothing in paragraph (1) shall be construed to prohibit -

(A) the treatment of grain to suppress, destroy, or prevent

insects and fungi injurious to stored grain;

(B) the marketing, domestically or for export, of dockage or

foreign material removed from grain if such dockage or foreign

material is marketed -

(i) separately and uncombined with any such whole grain;

(ii) in pelletized form; or

(iii) as a part of a processed ration for livestock, poultry,

or fish;

(C) the blending of grain with similar grain of a different

quality to adjust the quality of the resulting mixture;

(D) the recombination of broken corn or broken kernels, as

defined by the Secretary, with grain of the type from which the

broken corn or broken kernels were derived;

(E) effective for the period ending December 31, 1987, the

recombination of dockage or foreign material, except dust,

removed at an export loading facility from grain destined for

shipment as a cargo under one export official certificate of

inspection if -

(i) the recombination occurs during the loading of the cargo;

(ii) the purpose is to ensure uniformity of dockage or

foreign material throughout that specific cargo; and

(iii) the separation and recombination are conducted in

accordance with regulations issued by the Secretary; or

(F) the addition to grain of a dust suppressant, or the

addition of confetti or any other similar material that serves

the same purpose in a quantity necessary to facilitate

identification of ownership or origin of a particular lot of

grain.

(3)(A) The Secretary may, by regulation, exempt from paragraph

(1) the last handling of grain in the final sale and shipment of

such grain to a domestic user or processor if such exemption is

determined by the Secretary to be in the best economic interest of

producers, grain merchants, the industry involved, and the public.

(B) Grain sold under an exemption authorized by this paragraph

shall be consumed or processed into one or more products by the

purchaser, but may not be resold into commercial channels for such

grain or blended with other grain for resale. Neither products nor

byproducts derived therefrom (except vegetable oils as defined by

the Secretary and used as a dust suppressant) shall be blended with

or added to grain in commercial channels.

(e)(1) The Secretary may prohibit the contamination of sound and

pure grain, or prohibit disguising the quality of grain, as a

result of the introduction of -

(A) nongrain substances;

(B) grain unfit for ordinary commercial purposes; or

(C) grain that exceeds action limits established by the Food

and Drug Administration or grain having residues that exceed the

tolerance levels established by the Environmental Protection

Agency.

(2) No prohibition imposed under this section shall be construed

to restrict the marketing of any grain so long as the grade or

condition of the grain is properly identified.

(3) Prior to taking action under this subsection, the Secretary

shall promulgate regulations after providing for notice and an

opportunity for public comment, that identify and define actions

and conditions that are subject to prohibition.

(4) In no case shall the Secretary prohibit the blending of an

entire grade of grain.

(5) In implementing paragraph (1)(C), the Secretary shall report

any prohibitions to other appropriate public health agencies.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 13, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 766; amended Pub. L. 94-582, Sec.

15, Oct. 21, 1976, 90 Stat. 2883; Pub. L. 95-113, title XVI, Sec.

1604(j), 1606(h), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L.

99-641, title III, Sec. 303(a), Nov. 10, 1986, 100 Stat. 3564; Pub.

L. 101-624, title XX, Sec. 2008, Nov. 28, 1990, 104 Stat. 3931;

Pub. L. 103-156, Sec. 7, 12(l), Nov. 24, 1993, 107 Stat. 1526,

1529; Pub. L. 103-354, title II, Sec. 293(a)(7), Oct. 13, 1994, 108

Stat. 3237; Pub. L. 106-472, title I, Sec. 107, Nov. 9, 2000, 114

Stat. 2060.)

-MISC1-

AMENDMENTS

2000 - Subsec. (e)(1). Pub. L. 106-472 inserted '', or prohibit

disguising the quality of grain,'' after ''sound and pure grain''

in introductory provisions.

1994 - Subsecs. (a)(2), (13), (d)(2)(D), (E)(iii), (e)(1), (3) to

(5). Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(l), which directed amendment of

''Section 13'', without specifying the name of the Act being

amended, was executed to this section, which is section 13 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a)(2). Pub. L. 103-156, Sec. 12(l)(1), substituted ''the

representative of the Administrator'' for ''his representative''.

Subsec. (a)(7), (8). Pub. L. 103-156, Sec. 12(l)(2), substituted

''the duties of the officer, employee, or other person'' for ''his

duties''.

Subsec. (a)(9). Pub. L. 103-156, Sec. 12(l)(3), substituted ''the

person'' for ''he''.

Subsec. (a)(11). Pub. L. 103-156, Sec. 7, amended par. (11)

generally. Prior to amendment, par. (11) read as follows:

''violate any provision of section 77; 78; 79(f)(2), (3), or (4);

79a; 79b(c); 84; 87; 87a; or 87f-1 of this title;''.

1990 - Subsec. (e). Pub. L. 101-624 added subsec. (e).

1986 - Subsec. (d). Pub. L. 99-641 added subsec. (d).

1977 - Subsec. (a)(6). Pub. L. 95-113, Sec. 1604(j)(1), 1606(h),

substituted ''or condition'' for ''condition, or quantity'' and

inserted '', or that any weighing service under this chapter has

been performed with respect to grain'' after ''official inspection

under this chapter''.

Subsec. (a)(11). Pub. L. 95-113, Sec. 1604(j)(2), inserted

references to sections 79(f)(3) and (4) and 87f-1 of this title.

Subsec. (a)(12). Pub. L. 95-113, Sec. 1604(j)(3), substituted

''weighing equipment'' for ''testing equipment''.

Subsec. (a)(13). Pub. L. 95-113, Sec. 1604(j)(4), substituted

''financial interest in grain'' for ''financial interest in the

grain'' and ''loading of the grain'' for ''loading of grain''.

1976 - Subsec. (a)(1). Pub. L. 94-582, Sec. 15(a)(1), substituted

''official mark'' for ''official inspection mark''.

Subsec. (a)(2). Pub. L. 94-582, Sec. 15(a)(2), substituted

''official mark'' for ''official inspection mark'' in three places,

''official certificate'' for ''official inspection certificate''

and ''Administrator'' for ''Secretary''.

Subsec. (a)(3). Pub. L. 94-582, Sec. 15(a)(2), prohibited

deceptive weighing of grain or submitting grain for official

weighing or supervision of weighing knowing it has been deceptively

weighed without disclosure before official weighing or supervision

of weighing.

Subsec. (a)(5). Pub. L. 94-582, Sec. 15(a)(3), substituted

''official mark'' for ''official inspection mark'' and inserted

''or officially weighed, respectively,'' after ''such container''.

Subsecs. (a)(7), (8). Pub. L. 94-582, Sec. 15(a)(4), inserted

''or personnel of agencies delegated authority or of agencies or

other persons designated under this chapter'' after ''personnel''.

Subsec. (a)(9). Pub. L. 94-582, Sec. 15(a)(5), inserted ''or

official weighing or supervision of weighing'' after ''official

inspection''.

Subsec. (a)(10). Pub. L. 94-582, Sec. 15(a)(5), (6), inserted

''or official weighing or supervision of weighing'' after

''official inspection'' and struck out ''or'' at end.

Subsec. (a)(11). Pub. L. 94-582, Sec. 15(a)(5), inserted after

''sections 77, 78,'' references to ''79(f)(2), 79a, 79b(c)''.

Subsecs. (a)(12), (13). Pub. L. 94-582, Sec. 15(a)(6), added

pars. (12) and (13).

Subsec. (b)(2). Pub. L. 94-582, Sec. 15(b), substituted

''inspection or weighing function'' for ''inspection function''.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 303(b) of Pub. L. 99-641 provided that: ''The amendments

made by this section (amending this section) shall become effective

on May 1, 1987.''

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

BENEFITS AND COSTS ASSOCIATED WITH IMPROVED GRAIN QUALITY

Administrator of Federal Grain Inspection Service to estimate

economic impact, including benefits and costs and distribution of

such benefits and costs, of any major changes necessary to carry

out amendments to this section by title XX of Pub. L. 101-624 prior

to making such changes, see section 2003 of Pub. L. 101-624, set

out as a note under section 76 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 85, 86, 87c of this

title.

-CITE-

7 USC Sec. 87c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87c. Criminal penalties

-STATUTE-

(a) Any person who commits any offense prohibited by section 87b

of this title (except an offense prohibited by paragraphs (a)(7),

(a)(8), and (b)(4) in which case the person shall be subject to the

general penal statutes in title 18 relating to crimes and offenses

against the United States) shall be guilty of a felony and shall,

on conviction thereof, be subject to imprisonment for not more than

five years, or a fine of not more than $20,000, or both such

imprisonment and fine.

(b) Nothing in this chapter shall be construed as requiring the

Secretary to report minor violations of this chapter for criminal

prosecution whenever the Secretary believes that the public

interest will be adequately served by a suitable written notice or

warning, or to report any violation of this chapter for prosecution

when the Secretary believes that institution of a proceeding under

section 86 of this title will obtain compliance with this chapter

and the Secretary institutes such a proceeding.

(c) Any officer or employee of the Department of Agriculture

assigned to perform weighing functions under this chapter shall be

considered as an employee of the Department of Agriculture assigned

to perform inspection functions for the purposes of sections 1114

and 111 of Title 18.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 14, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 767; amended Pub. L. 94-582, Sec.

17, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 103-156, Sec. 8, 12(m),

Nov. 24, 1993, 107 Stat. 1527, 1529; Pub. L. 103-354, title II,

Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(m), which directed amendment of

''Section 14'', without specifying the name of the Act being

amended, was executed to this section, which is section 14 of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a). Pub. L. 103-156, Sec. 8, 12(m)(1), substituted ''the

person'' for ''he'', and struck out ''shall be guilty of a

misdemeanor and shall, on conviction thereof, be subject to

imprisonment for not more than twelve months, or a fine of not more

than $10,000, or both such imprisonment and fine; but, for each

subsequent offense subject to this subsection, such person'' before

''shall be guilty of a felony''.

Subsec. (b). Pub. L. 103-156, Sec. 12(m)(2), substituted ''the

Administrator'' for ''he'' in three places.

1976 - Subsec. (a). Pub. L. 94-582 inserted ''(except an offense

prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case

he shall be subject to the general penal statutes in Title 18

relating to crimes and offenses against the United States)'',

increased the punishment for misdemeanors from six months to twelve

months and the fine from $3,000 to $10,000, and denominated

subsequent offenses as felonies, substituting ''but, for each

subsequent offense subject to this subsection, such person shall be

guilty of a felony and shall, on conviction thereof, be subject to

imprisonment for not more than five years, or a fine of not more

than $20,000, or both such imprisonment and fine'' for ''but if

such offense is committed after one conviction of such person under

this section has become final, such person shall be subject to

imprisonment for not more than one year, or a fine of not more than

$5,000, or both such imprisonment and fine''.

Subsec. (b). Pub. L. 94-582 substituted ''Administrator'' for

''Secretary'' and inserted provision that nothing in this chapter

shall be construed as requiring the Administrator to report any

violation of this chapter for prosecution when he believes that

institution of a proceeding under section 86 of this title will

obtain compliance with this chapter and he institutes such a

proceeding.

Subsec. (c). Pub. L. 94-582 added subsec. (c).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79, 79a, 86 of this

title.

-CITE-

7 USC Sec. 87d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87d. Responsibility for acts of others

-STATUTE-

When construing and enforcing the provisions of this chapter, the

act, omission, or failure of any official, agent, or other person

acting for or employed by any association, partnership, or

corporation within the scope of the employment or office of the

official, agent, or other person shall, in every case, also be

deemed the act, omission, or failure of such association,

partnership, or corporation as well as that of the person.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 15, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 103-156, Sec.

12(n), Nov. 24, 1993, 107 Stat. 1529.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-156, which directed amendment of ''Section

15'' by substituting ''the employment or office of the official,

agent, or other person'' for ''his employment or office'', without

specifying the name of the Act being amended, was executed to this

section, which is section 15 of the United States Grain Standards

Act, to reflect the probable intent of Congress.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

-CITE-

7 USC Sec. 87e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87e. General authorities

-STATUTE-

(a) Authority of Secretary

The Secretary is authorized to conduct such investigations; hold

such hearings; require such reports from any official agency, any

State agency delegated authority under this chapter, licensee, or

other person; and prescribe such rules, regulations, and

instructions, as the Secretary deems necessary to effectuate the

purposes or provisions of this chapter. Such regulations may

require, as a condition for official inspection or official

weighing or supervision of weighing, among other things, (1) that

there be installed specified sampling, handling, weighing, and

monitoring equipment in grain elevators, warehouses, and other

grain storage or handling facilities, (2) that approval of the

Secretary be obtained as to the condition of vessels and other

carriers or receptacles for the transporting or storing of grain,

and (3) that persons having a financial interest in the grain which

is to be inspected (or their agents) shall be afforded an

opportunity to observe the weighing, loading, and official

inspection thereof, under conditions prescribed by the Secretary.

Whether any certificate, other form, representation, designation,

or other description is false, incorrect, or misleading within the

meaning of this chapter shall be determined by tests made in

accordance with such procedures as the Secretary may adopt to

effectuate the objectives of this chapter, if the relevant facts

are determinable by such tests. Proceedings under section 85 of

this title for refusal to renew, or for suspension or revocation

of, a license shall not, unless requested by the respondent, be

subject to the administrative procedure provisions in sections 554,

556, and 557 of title 5.

(b) Investigation of reports or complaints of discrepancies and

abuses in official inspection or weighing of grain

The Secretary is authorized to investigate reports or complaints

of discrepancies and abuses in the official inspection and weighing

of grain under this chapter. The Secretary shall prescribe by

regulation procedures for (1) promptly investigating (A) complaints

of foreign grain purchasers regarding the official inspection or

official weighing of grain shipped from the United States, (B) the

cancellation of contracts for the export sale of grain required to

be inspected or weighed under this chapter, and (C) any complaint

regarding the operation or administration of this chapter or any

official transaction with which this chapter is concerned; and (2)

taking appropriate action on the basis of the findings of any

investigation of such complaints.

(c) Monitoring of United States grain upon its entry into foreign

nations

The Secretary is authorized to cause official inspection

personnel to monitor in foreign nations which are substantial

importers of grain from the United States, grain imported from the

United States upon its entry into the foreign nation, to determine

whether such grain is of a comparable kind, class, quality, and

condition after considering the handling methods and conveyance

utilized at the time of loading, and the same quantity that it was

certified to be upon official inspection and official weighing in

the United States.

(d) Authority of Office of Investigation of Department of

Agriculture

The Office of Investigation of the Department of Agriculture (or

such other organization or agency within the Department of

Agriculture which may be delegated the authority, in lieu thereof,

to conduct investigations on behalf of the Department of

Agriculture) shall conduct such investigations regarding the

operation or administration of this chapter or any official

transaction with which this chapter is concerned, as the Director

thereof deems necessary to assure the integrity of official

inspection and weighing under this chapter.

(e) Research program to develop methods of improving accuracy and

uniformity in grading grain

The Secretary is authorized to conduct, in cooperation with other

agencies within the Department of Agriculture, a continuing

research program for the purpose of developing methods to improve

accuracy and uniformity in grading grain.

(f) Adequate personnel to meet inspection and weighing requirements

To assure the normal movement of grain at all inspection points

in a timely manner consistent with the policy expressed in section

74 of this title, the Secretary shall, notwithstanding any other

provision of law, provide adequate personnel to meet the inspection

and weighing requirements of this chapter.

(g) Testing of certain weighing equipment

(1) Subject to paragraph (2), the Secretary may provide for the

testing of weighing equipment used for purposes other than weighing

grain. The testing shall be performed -

(A) in accordance with such regulations as the Secretary may

prescribe; and

(B) for a reasonable fee established by regulation or

contractual agreement and sufficient to cover, as nearly as

practicable, the estimated costs of the testing performed.

(2) Testing performed under paragraph (1) may not conflict with

or impede the objectives specified in section 74 of this title.

(h) Testing of grain inspection instruments

(1) Subject to paragraph (2), the Secretary may provide for the

testing of grain inspection instruments used for commercial

inspection. The testing shall be performed -

(A) in accordance with such regulations as the Secretary may

prescribe; and

(B) for a reasonable fee established by regulation or

contractual agreement and sufficient to cover, as nearly as

practicable, the estimated costs of the testing performed.

(2) Testing performed under paragraph (1) may not conflict with

or impede the objectives specified in section 74 of this title.

(i) Additional for fee services

(1) In accordance with such regulations as the Secretary may

provide, the Secretary may perform such other services as the

Secretary considers to be appropriate.

(2) In addition to the fees authorized by sections 79, 79a, 79b,

and 87f-1 of this title, and this section, the Secretary shall

collect reasonable fees to cover the estimated costs of services

performed under paragraph (1) other than standardization and

foreign monitoring activities.

(3) To the extent practicable, the fees collected under paragraph

(2), together with any proceeds from the sale of any samples, shall

cover the costs, including administrative and supervisory costs, of

services performed under paragraph (1).

(j) Deposit of fees

Fees collected under subsections (g), (h), and (i) of this

section shall be deposited into the fund created under section

79(j) of this title.

(k) Official courtesies

The Secretary may extend appropriate courtesies to official

representatives of foreign countries in order to establish and

maintain relationships to carry out the policy stated in section 74

of this title. No gift offered or accepted pursuant to this

subsection shall exceed $20 in value.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 16, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 94-582, Sec.

18, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 95-113, title XVI, Sec.

1604(k), 1606(i), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L.

102-237, title X, Sec. 1007(2), Dec. 13, 1991, 105 Stat. 1897; Pub.

L. 103-156, Sec. 9, Nov. 24, 1993, 107 Stat. 1527; Pub. L. 103-354,

title II, Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a) to (c), (e) to (i), (k). Pub. L. 103-354

substituted ''Secretary'' for ''Administrator'' wherever appearing.

1993 - Subsec. (b). Pub. L. 103-156, Sec. 9(1), struck out at end

''The Administrator shall report to the Committee on Agriculture of

the House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate at the end of every

three-month period with respect to investigative action taken on

complaints, during the immediately preceding three-month period.''

Subsecs. (g) to (k). Pub. L. 103-156, Sec. 9(2), added subsecs.

(g) to (k).

1991 - Subsec. (a). Pub. L. 102-237 substituted ''Administrator''

for ''Administrtor'' at end of second sentence.

1977 - Subsec. (a). Pub. L. 95-113, Sec. 1604(k)(1), rearranged

existing provisions and inserted references to the installation of

handling and weighing equipment and to warehouses and other grain

storage or handling facilities.

Subsec. (b). Pub. L. 95-113, Sec. 1606(i), substituted

''Committee on Agriculture, Nutrition, and Forestry'' for

''Committee on Agriculture and Forestry''.

Subsec. (f). Pub. L. 95-113, Sec. 1604(k)(2), struck out

''additional'' before ''inspection and weighing requirements''.

1976 - Subsec. (a). Pub. L. 94-582 substituted authorizations of

''Administrator'' for authorizations of ''Secretary'', ''official

agency'' for ''official inspection agency'', and ''other person''

for ''any person'' respecting reporting requirement, required

reports from State agencies delegated authority under this chapter

and from licensees, inserted items (1) to (3) relating to

conditions for official inspection, authorized issuance of

instructions, and struck out reference to section 86 of this title,

including proceedings for refusal of official inspection service

not required by section 77 of this title, as not being subject to

administrative procedure provisions.

Subsecs. (b) to (f). Pub. L. 94-582 added subsecs. (b) to (f).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

TEMPORARY EXERCISE BY SECRETARY OF AGRICULTURE OF POWERS, DUTIES,

AND AUTHORIZATIONS OF ADMINISTRATOR PENDING APPOINTMENT OF

ADMINISTRATOR

Powers, duties, and authorizations of the Administrator of the

Federal Grain Inspection Service to be exercised by the Secretary

of Agriculture pending the appointment of the Administrator, see

section 25 of Pub. L. 94-582, set out as a note under section 75a

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 87b, 87h of this title.

-CITE-

7 USC Sec. 87e-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87e-1. Repealed. Pub. L. 106-472, title I, Sec. 110(b), Nov.

9, 2000, 114 Stat. 2061

-MISC1-

Section, Pub. L. 94-582, Sec. 23, Oct. 21, 1976, 90 Stat. 2888,

authorized purchase or lease of inspection equipment.

-CITE-

7 USC Sec. 87f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87f. Enforcement provisions

-STATUTE-

(a) Subpena power

For the purposes of this chapter, the Secretary shall at all

reasonable times have access to, for the purpose of examination,

and the right to copy any documentary evidence of any person with

respect to whom such authority is exercised; and the Secretary

shall have power to require by subpena the attendance and testimony

of witnesses and the production of all such documentary evidence

relating to any matter under investigation by the Secretary, and

may administer oaths and affirmations, examine witnesses, and

receive evidence.

(b) Disobedience of subpena

Such attendance of witnesses, and the production of such

documentary evidence, may be required from any place in the United

States, at any designated place of hearing. In case of

disobedience to a subpena the Secretary may invoke the aid of any

court designated in subsection (h) of this section in requiring the

attendance and testimony of witnesses and the production of

documentary evidence.

(c) Court order requiring attendance and testimony of witnesses

Any such court within the jurisdiction of which such inquiry is

carried on may, in case of contumacy or refusal to obey a subpena

issued to any person, issue an order requiring such person to

appear before the Secretary or to produce documentary evidence if

so ordered, or to give evidence touching the matter in question;

and any failure to obey such order of the court may be punished by

such court as a contempt thereof.

(d) Fees and mileage costs of witnesses

Witnesses summoned before the Secretary shall be paid the same

fees and mileage that are paid witnesses in the courts of the

United States, and witnesses from whom depositions are taken and

the persons taking the same shall severally be entitled to the same

fees as are paid for like services in the courts of the United

States.

(e) Violation of subpena as misdemeanor

Any person who shall neglect or refuse to attend and testify, or

to answer any lawful inquiry, or to produce documentary evidence,

if in the power of the person to do so, in obedience to the subpena

or lawful requirement of the Secretary, shall be guilty of a

misdemeanor, and upon conviction thereof be subject to imprisonment

for not more than 1 year or a fine of not more than $10,000 or both

the imprisonment and fine.

(f) Repealed. Pub. L. 91-452, title II, Sec. 203, Oct. 15, 1970, 84

Stat. 928

(g) Repealed. Pub. L. 94-582, Sec. 19(d), Oct. 21, 1976, 90 Stat.

2886

(h) District court jurisdiction

The United States district courts, the District Court of Guam,

the District Court of the Virgin Islands, the highest court of

American Samoa, and the United States courts of the other

territories and possessions of the United States shall have

jurisdiction in cases arising under this chapter.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 17, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 91-452, title

II, Sec. 203, Oct. 15, 1970, 84 Stat. 928; Pub. L. 94-582, Sec. 19,

Oct. 21, 1976, 90 Stat. 2885; Pub. L. 103-156, Sec. 10, 12(o), Nov.

24, 1993, 107 Stat. 1528, 1529; Pub. L. 103-354, title II, Sec.

293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a) to (e). Pub. L. 103-354 substituted

''Secretary'' for ''Administrator'' wherever appearing.

1993 - Subsec. (e). Pub. L. 103-156, Sec. 12(o), which directed

amendment of ''Section 17(e)'' by substituting ''the power of the

person'' for ''his power'', without specifying the name of the Act

being amended, was executed to this section, which is section 17 of

the United States Grain Standards Act, to reflect the probable

intent of Congress.

Pub. L. 103-156, Sec. 10, substituted ''imprisonment for not more

than 1 year or a fine of not more than $10,000 or both the

imprisonment and fine'' for ''the penalties set forth in subsection

(a) of section 87c of this title''.

1976 - Subsec. (a). Pub. L. 94-582, Sec. 19(a), (b), substituted

''Administrator'' for ''Secretary'' in two places and inserted ''by

the Administrator'' after ''under investigation'', respectively.

Subsecs. (b) to (d). Pub. L. 94-582, Sec. 19(a), substituted

''Administrator'' for ''Secretary'' in subsecs. (b) to (d).

Subsec. (e). Pub. L. 94-582, Sec. 19(a), (c), substituted

''Administrator'' for ''Secretary'' and inserted ''subsection (a)

of'' before ''section 87c of this title''.

Subsec. (g). Pub. L. 94-582, Sec. 19(d), struck out subsec. (g)

which made unlawful disclosure of information by an officer or

employee of the Department of Agriculture a misdemeanor, subject to

the penalties set forth in section 87c of this title.

1970 - Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which

related to the immunity from prosecution of any individual

compelled to testify or produce evidence, documentary or otherwise,

after having claimed his privilege against self-incrimination.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-452, and amendment

not to affect any immunity to which any individual is entitled

under this section by reason of any testimony given before sixtieth

day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set

out as an Effective Date; Savings Provision note under section 6001

of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 86 of this title.

-CITE-

7 USC Sec. 87f-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87f-1. Registration requirements

-STATUTE-

(a) General requirement

The Secretary shall provide, by regulation, for the registration

of all persons engaged in the business of buying grain for sale in

foreign commerce, and in the business of handling, weighing, or

transporting of grain for sale in foreign commerce. This section

shall not apply to -

(1) any person who only incidentally or occasionally buys for

sale, or handles, weighs, or transports grain for sale and is not

engaged in the regular business of buying grain for sale, or

handling, weighing, or transporting grain for sale;

(2) any producer of grain who only incidentally or occasionally

sells or transports grain which the producer has purchased;

(3) any person who transports grain for hire and does not own a

financial interest in such grain; or

(4) any person who buys grain for feeding or processing and not

for the purpose of reselling and only incidentally or

occasionally sells such grain as grain.

(b) Required information

(1) All persons required to register under this chapter shall

submit the following information to the Secretary:

(A) the name and principal address of the business,

(B) the names of all directors of such business,

(C) the names of the principal officers of such business,

(D) the names of all persons in a control relationship with

respect to such business,

(E) a list of locations where the business conducts substantial

operations, and

(F) such other information as the Secretary deems necessary to

carry out the purposes of this chapter.

Persons required to register under this section shall also submit

to the Secretary the information specified in clauses (A) through

(F) of this paragraph with respect to any business engaged in the

business of buying grain for sale in interstate commerce, and in

the business of handling, weighing, or transporting of grain for

sale in interstate commerce, if, with respect to such business, the

person otherwise required to register under this section is in a

control relationship.

(2) For the purposes of this section, a person shall be deemed to

be in a ''control relationship'' with respect to a business

required to register under subsection (a) of this section and with

respect to applicable interstate businesses if -

(A) such person has an ownership interest of 10 per centum or

more in such business, or

(B) a business or group of business entities, with respect to

which such person is in a control relationship, has an ownership

interest of 10 per centum or more in such business.

(3) For purposes of clauses (A) and (B) of paragraph (2) of this

subsection, a person shall be considered to own the ownership

interest which is owned by his or her spouse, minor children, and

relatives living in the same household.

(c) Certificate of registration

The Secretary shall issue a certificate of registration to

persons who comply with the provisions of this section. The

certificate of registration issued in accordance with this section

shall be renewed annually. If there has been any change in the

information required under subsection (b) of this section, the

person holding such certificate shall, within thirty days of the

discovery of such change, notify the Secretary of such change. No

person shall engage in the business of buying grain for sale in

foreign commerce, and in the business of handling, weighing, or

transporting of grain in foreign commerce unless the person has

registered with the Secretary as required by this chapter and has

an unsuspended and unrevoked certificate of registration.

(d) Suspension or registration of certificate of registration

The Secretary may suspend or revoke any certificate of

registration issued under this section whenever, after the person

holding such certificate has been afforded an opportunity for a

hearing in accordance with sections 554, 556, and 557 of title 5,

the Secretary shall determine that such person has violated any

provision of this chapter or of the regulations promulgated

thereunder, or has been convicted of any violation involving the

handling, weighing, or inspection of grain under title 18.

(e) Fees

The Secretary shall charge and collect fees from any person

registered under this section. The amount of such fees shall be

determined on the basis of the costs of the Secretary in

administering the registration required by this section. Such fees

shall be deposited in, and used as part of, the fund described in

section 79(j) of this title.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 17A, as added Pub. L. 94-582,

Sec. 22, Oct. 21, 1976, 90 Stat. 2886; amended Pub. L. 95-113,

title XVI, Sec. 1604(l), Sept. 29, 1977, 91 Stat. 1029; Pub. L.

103-156, Sec. 12(p), Nov. 24, 1993, 107 Stat. 1529; Pub. L.

103-354, title II, Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (b)(1), (c) to (e). Pub. L. 103-354

substituted ''Secretary'' for ''Administrator'' wherever appearing.

1993 - Pub. L. 103-156, Sec. 12(p), which directed amendment of

''Section 17A'', without specifying the name of the Act being

amended, was executed to this section, which is section 17A of the

United States Grain Standards Act, to reflect the probable intent

of Congress.

Subsec. (a)(2). Pub. L. 103-156, Sec. 12(p)(1), substituted ''the

producer'' for ''he''.

Subsec. (c). Pub. L. 103-156, Sec. 12(p)(2), substituted ''the

person'' for ''he'' in last sentence.

1977 - Subsec. (b)(1). Pub. L. 95-113 substituted ''All persons

required to register'' for ''All persons registered'' in provisions

preceding subpar. (A).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1976, see section 27 of

Pub. L. 94-582, as amended, set out as an Effective Date of 1976

Amendment note under section 74 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 87b, 87e, 87h of this

title.

-CITE-

7 USC Sec. 87f-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87f-2. Reporting requirements

-STATUTE-

(a) General requirements; annual report to Congressional committees

On December 1 of each year, the Secretary shall submit a report

to the Committee on Agriculture of the House of Representatives and

the Committee on Agriculture, Nutrition, and Forestry of the Senate

regarding the effectiveness of the official inspection and weighing

system under this chapter for the prior fiscal year, with

recommendations for any legislative changes necessary to accomplish

the objectives stated in section 74 of this title.

(b) Notification of Congressional committees of complaints

regarding faulty grain deliveries and cancellation of export

contracts

The Secretary shall notify the Committee on Agriculture of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate (1) of any complaint

regarding faulty grain delivery made to the Department of

Agriculture by a foreign purchaser of United States grain, within

thirty days after a determination by the Secretary that there is

reasonable cause to believe that the grain delivery was in fact

faulty, and (2) notwithstanding the provisions of section 612c-3

(FOOTNOTE 1) of this title, within thirty days after receipt by the

Secretary or the Secretary (FOOTNOTE 2) of notice of the

cancellation of any contract for the export of more than one

hundred thousand metric tons of grain.

(FOOTNOTE 1) See References in Text note below.

(FOOTNOTE 2) So in original. The words ''or the Secretary''

probably should not appear.

(c) Submission to Congressional committees of annual summary of

complaints from foreign purchasers and prospective purchasers

of grain

On December 1 of each year, the Secretary shall submit to the

Committee on Agriculture of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate a

summary of all other complaints received by the Department of

Agriculture during the prior fiscal year from foreign purchasers

and prospective purchasers of United States grain and other foreign

purchasers interested in the trade of grain, and the resolution

thereof: Provided, That the summary shall not include a complaint

unless reasonable cause exists to believe that the complaint is

valid, as determined by the Secretary.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 17B, as added Pub. L. 94-582,

Sec. 22, Oct. 21, 1976, 90 Stat. 2888; amended Pub. L. 95-113,

title XVI, Sec. 1604(m), 1606(i), (j), Sept. 29, 1977, 91 Stat.

1029, 1030; Pub. L. 102-237, title X, Sec. 1007(3), Dec. 13, 1991,

105 Stat. 1897; Pub. L. 103-354, title II, Sec. 293(a)(7), Oct. 13,

1994, 108 Stat. 3237.)

-REFTEXT-

REFERENCES IN TEXT

Section 612c-3 of this title, referred to in subsec. (b), was

repealed by Pub. L. 101-624, title XV, Sec. 1578, Nov. 28, 1990,

104 Stat. 3702.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' wherever appearing.

1991 - Subsec. (a). Pub. L. 102-237 substituted ''On December 1

of each year, the'' for ''The'' and ''Committee on Agriculture''

for ''committee on Agriculture'' before ''of the House'' and struck

out ''one year after the effective date of the United States Grain

Standards Act of 1976 setting forth the actions taken by him in

implementing the provisions of that Act; and, on December 1 of each

year thereafter, the Administrator shall report to such

committees'' before ''regarding''.

1977 - Subsec. (a). Pub. L. 95-113, Sec. 1606(i), (j),

substituted ''Committee on Agriculture, Nutrition, and Forestry''

for ''Committee on Agriculture and Forestry'' and ''inspection and

weighing'' for ''inspection''.

Subsec. (b). Pub. L. 95-113, Sec. 1604(m), 1606(i), substituted

''Committee on Agriculture, Nutrition, and Forestry'' for

''Committee on Agriculture and Forestry'' in provisions preceding

cl. (1) and, in cl. (2) substituted ''notwithstanding the

provisions of section 612c-3 of this title, within thirty days

after receipt by the Administrator or the Secretary of notice of

the cancellation'' for ''within thirty days after receipt by the

Administrator or the Secretary of the cancellation''.

Subsec. (c). Pub. L. 95-113, Sec. 1606(i), substituted

''Committee on Agriculture, Nutrition, and Forestry'' for

''Committee on Agriculture and Forestry''.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 21, 1976, see section 27 of

Pub. L. 94-582, as amended, set out as an Effective Date of 1976

Amendment note under section 74 of this title.

-CITE-

7 USC Sec. 87g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87g. Relation to State and local laws; separability

-STATUTE-

(a) No State or subdivision thereof may require the inspection or

description in accordance with any standards of kind, class,

quality, condition, or other characteristics of grain as a

condition of shipment, or sale, of such grain in interstate or

foreign commerce, or require any license for, or impose any other

restrictions upon the performance of any official inspection or

weighing function under this chapter by official inspection

personnel. Otherwise nothing in this chapter shall invalidate any

law or other provision of any State or subdivision thereof in the

absence of a conflict with this chapter.

(b) If any provision of this chapter or the application thereof

to any person or circumstances is held invalid, the validity of the

remainder of the chapter and of the application of such provision

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 18, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 769; amended Pub. L. 94-582, Sec.

20, Oct. 21, 1976, 90 Stat. 2886.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-582 substituted in first sentence

''official inspection or weighing function'' for ''official

inspection function''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

-CITE-

7 USC Sec. 87h 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87h. Appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as are

necessary for standardization and compliance activities, monitoring

in foreign ports grain officially inspected and weighed under this

chapter, and any other expenses necessary to carry out the

provisions of this chapter for each of the fiscal years 1988

through 2005, to the extent that financing is not obtained from

fees and sales of samples as provided for in sections 79, 79a, 79b,

87e, and 87f-1 of this title.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 19, as added Pub. L. 90-487,

Sec. 1, Aug. 15, 1968, 82 Stat. 769; amended Pub. L. 94-582, Sec.

21, Oct. 21, 1976, 90 Stat. 2886; Pub. L. 95-113, title XVI, Sec.

1602(c), 1604(n), Sept. 29, 1977, 91 Stat. 1025, 1029; Pub. L.

97-35, title I, Sec. 155(4), Aug. 13, 1981, 95 Stat. 372; Pub. L.

98-469, Sec. 2(3), Oct. 11, 1984, 98 Stat. 1832; Pub. L. 100-518,

Sec. 2(4), Oct. 24, 1988, 102 Stat. 2586; Pub. L. 103-156, Sec. 3,

Nov. 24, 1993, 107 Stat. 1525; Pub. L. 106-472, title I, Sec. 108,

Nov. 9, 2000, 114 Stat. 2060.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-472 substituted ''2005'' for ''2000''.

1993 - Pub. L. 103-156 substituted ''1988 through 2000'' for

''during the period beginning October 1, 1988, and ending September

30, 1993'' and inserted references to sections 79b and 87e of this

title.

1988 - Pub. L. 100-518 amended section generally, substituting

''1988'' for ''1981'' and ''1993'' for ''1984''.

1984 - Pub. L. 98-469 temporarily substituted ''September 30,

1988'' for ''September 30, 1984''. See Effective and Termination

Dates of 1984 Amendment note below.

1981 - Pub. L. 97-35 temporarily amended section, substantially

revising enumerated activities for which appropriations are

authorized and limiting such authorization for each of the fiscal

years during the period beginning Oct. 1, 1981, and ending Sept.

30, 1984. See Effective and Termination Dates of 1981 Amendment

note below.

1977 - Pub. L. 95-113 substituted ''Federal administrative and

supervisory costs related to the official inspection or the

provision of weighing services for grain'' for ''those Federal

administrative and supervisory costs incurred within the Service's

Washington office or not directly related to the official

inspection or the provision of weighing services for grain'' and

renumbered this section as section 19 of the United States Grain

Standards Act, thereby correcting an error in the 1976 amendment of

this section by Pub. L. 94-582 under which this section had

inadvertently been renumbered from section 19 of the United States

Grain Standards Act to section 21 thereof.

1976 - Pub. L. 94-582 enumerated specific items for which

appropriations are authorized and provided for financing obtained

from fees and sales of samples as provided in sections 79a and

87f-1 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-472 effective as if enacted Sept. 30,

2000, see section 111 of Pub. L. 106-472, set out as a note under

section 79 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-156 effective as of Sept. 30, 1993, see

section 16(b) of Pub. L. 103-156, set out as a note under section

75 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

That part of section 2 of Pub. L. 100-518 which provided that

amendment made by Pub. L. 100-518 was effective for the period Oct.

1, 1988, through Sept. 30, 1993, inclusive, was repealed, effective

Sept. 30, 1993, by Pub. L. 103-156, Sec. 13(a), 16(b), Nov. 24,

1993, 107 Stat. 1529, 1530.

EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENT

Section 2 of Pub. L. 98-469 provided that the amendment made by

Pub. L. 98-469 is effective for period beginning Oct. 11, 1984, and

ending Sept. 30, 1988.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT

Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, Sec.

1, Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made

by Pub. L. 97-35 is effective for period beginning Oct. 1, 1981,

and ending Sept. 30, 1988.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of this title.

EFFECTIVE DATE

For effective date of section, see section 2 of Pub. L. 90-487,

set out as an Effective Date of 1968 Amendment note under section

78 of this title.

-CITE-

7 USC Sec. 87i 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87i. Omitted

-COD-

CODIFICATION

Section, act Aug. 11, 1916, ch. 313, pt. B, Sec. 20, as added

Aug. 13, 1981, Pub. L. 97-35, title I, Sec. 155(5), 95 Stat. 372,

which established an advisory committee, was effective for the

period Oct. 1, 1981, through Sept. 30, 1988, pursuant to section

155 of Pub. L. 97-35, as amended. See section 87j of this title.

-CITE-

7 USC Sec. 87j 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87j. Advisory committee

-STATUTE-

(a) Establishment; number and terms of members

Not later than ninety days after October 24, 1988, the Secretary

shall establish an advisory committee to provide advice to the

Secretary with respect to implementation of this chapter consistent

with the declarations of policy in section 74 of this title. The

advisory committee shall consist of fifteen members, appointed by

the Secretary, who represent the interests of all segments of the

grain producing, processing, storing, merchandising, consuming, and

exporting industries, including grain inspection and weighing

agencies and scientists with expertise in research related to the

policies established in section 74 of this title. Members of the

advisory committee shall be appointed to three-year terms, except

that of the initial fifteen members of the advisory committee first

appointed following the enactment of this section, five shall be

appointed for terms of one year and five shall be appointed for

terms of two years. No member of the advisory committee may serve

successive terms.

(b) Federal Advisory Committee Act as governing

The advisory committee shall be governed by the provisions of the

Federal Advisory Committee Act (5 U.S.C. App.).

(c) Clerical assistance and staff personnel

The Secretary shall provide the advisory committee with necessary

clerical assistance and staff personnel.

(d) Compensation and travel expenses

Members of the advisory committee shall serve without

compensation, if not otherwise officers or employees of the United

States, except that members shall, while away from their homes or

regular places of business in the performance of services under

this chapter, be allowed travel expenses, including per diem in

lieu of subsistence, as authorized under section 5703 of title 5.

(e) Expiration of Secretary's authority

The authority provided to the Secretary for the establishment and

maintenance of an advisory committee under this section shall

expire on September 30, 2005.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 21, as added Pub. L. 100-518,

Sec. 2(5), Oct. 24, 1988, 102 Stat. 2586; amended Pub. L. 103-156,

Sec. 13(b)(1), 14(c), Nov. 24, 1993, 107 Stat. 1529, 1530; Pub. L.

103-354, title II, Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237;

Pub. L. 106-472, title I, Sec. 109, Nov. 9, 2000, 114 Stat. 2060.)

-REFTEXT-

REFERENCES IN TEXT

The enactment of this section, referred to in subsec. (a), means

Oct. 24, 1988, the date of enactment of Pub. L. 100-518.

The Federal Advisory Committee Act, referred to in subsec. (b),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-472 substituted ''2005'' for

''2000''.

1994 - Subsecs. (a), (c). Pub. L. 103-354 substituted

''Secretary'' for ''Administrator''.

1993 - Subsec. (a). Pub. L. 103-156, Sec. 13(b)(1), struck out

''(1)'' before ''Not later than'' and struck out par. (2) which

read as follows: ''To ensure a smooth transition, the advisory

committee established under section 87i of this title (as in effect

prior to October 1, 1988) shall continue in existence until all

members of the advisory committee established under this section

are appointed; and the Secretary may appoint members of the

advisory committee established under section 87i of this title to

serve on the advisory committee established under this section,

without regard to the time of service of such members on the

advisory committee established under section 87i of this title.''

Subsec. (e). Pub. L. 103-156, Sec. 14(c), added subsec. (e).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-472 effective as if enacted Sept. 30,

2000, see section 111 of Pub. L. 106-472, set out as a note under

section 79 of this title.

EFFECTIVE AND TERMINATION DATES

That part of section 2 of Pub. L. 100-518 which provided that

section was effective for period Oct. 1, 1988, through Sept. 30,

1993, inclusive, was repealed, effective Sept. 30, 1993, by Pub. L.

103-156, Sec. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530.

-CITE-

7 USC Sec. 87k 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 3 - GRAIN STANDARDS

-HEAD-

Sec. 87k. Standardizing commercial inspections

-STATUTE-

(a) Testing equipment

To promote greater uniformity in commercial grain inspection

results, the Secretary may work in conjunction with the National

Institute for Standards and Technology, the National Conference on

Weights and Measures, or other appropriate governmental,

scientific, or technical organizations to -

(1) identify inspection instruments requiring standardization

under subsection (b) of this section;

(2) establish performance criteria for commercial grain

inspection instruments;

(3) develop a national program to approve grain inspection

instruments for commercial inspection; and

(4) develop standard reference materials or other means

necessary for calibration or testing of approved instruments.

(b) General inspection procedures

To ensure that producers are treated uniformly in delivering

grain, the Secretary shall develop practical and cost-effective

procedures for conducting commercial inspections of grain with

respect to the application of quality factors, that result in

premiums and discounts. The procedures shall be made available to

country elevators and others making first-point-of-delivery

inspections.

(c) Inspection services and information

To encourage the use of equipment and procedures developed in

accordance with subsections (a) and (b) of this section, the

Secretary shall provide for official inspection services by the

Secretary, States, and official inspection agencies and provide

information on the proper use of sampling and inspection equipment,

application of the grain standards, and availability of official

inspection services, including appeals under this chapter.

(d) Standardized aflatoxin equipment and procedures

The Secretary shall -

(1) establish uniform standards for testing equipment; and

(2) establish uniform testing procedures and sampling

techniques;

that may be used by processors, refiners, operators of grain

elevators and terminals, and others to accurately detect the level

of aflatoxin contamination of corn in the United States.

-SOURCE-

(Aug. 11, 1916, ch. 313, pt. B, Sec. 22, as added Pub. L. 101-624,

title XX, Sec. 2009, Nov. 28, 1990, 104 Stat. 3931; amended Pub. L.

103-156, Sec. 11, 13(b)(2), Nov. 24, 1993, 107 Stat. 1528, 1529;

Pub. L. 103-354, title II, Sec. 293(a)(7), (8), Oct. 13, 1994, 108

Stat. 3237.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

''this Act'' and was translated as reading ''this part'', meaning

part B of act Aug. 11, 1916, known as the United States Grain

Standards Act, to reflect the probable intent of Congress.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-354 substituted ''Secretary'' for

''Administrator'' wherever appearing and ''Secretary'' for

''Service'' in subsec. (c).

1993 - Subsec. (a). Pub. L. 103-156, Sec. 11, substituted '', the

National Conference on Weights and Measures, or other appropriate

governmental, scientific, or technical organizations'' for ''and

the National Conference on Weights and Measures'' in introductory

provisions.

Subsec. (c). Pub. L. 103-156, Sec. 13(b)(2), substituted

''subsections (a) and (b)'' for ''subsection (a) and (b)''.

-CITE-