-CITE-
    7 USC CHAPTER 3 - GRAIN STANDARDS                           01/03/2007

-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        Repealed.                                             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.                                      
    77.         Official inspection and weighing requirements; waiver;
                 supervision by representatives of Secretary.         
    78.         Use of official grade designations required; false or
                 misleading grade designations for grain shipped out
                 of the United States.                                
    79.         Official inspection.                                  
    79a.        Weighing authority.                                   
    79b.        Testing of equipment.                                 
    79c.        Omitted.                                              
    79d.        Limitation on administrative and supervisory costs.   
    80 to 83.   Omitted.                                              
    84.         Licensing of inspectors.                              
    85.         Suspension, revocation, and refusal to renew licenses;
                 hearing; grounds; temporary suspension.              
    86.         Refusal of inspection and weighing services; civil
                 penalties.                                           
    87.         Conflicts of interest.                                
    87a.        Records.                                              
    87b.        Prohibited acts.                                      
    87c.        Criminal penalties.                                   
    87d.        Responsibility for acts of others.                    
    87e.        General authorities.                                  
    87e-1.      Repealed.                                             
    87f.        Enforcement provisions.                               
    87f-1.      Registration requirements.                            
    87f-2.      Reporting requirements.                               
    87g.        Relation to State and local laws; separability.       
    87h.        Appropriations.                                       
    87i.        Omitted.                                              
    87j.        Advisory committee.                                   
    87k.        Standardizing commercial inspections.                 

-End-



-CITE-
    7 USC Sec. 71                                               01/03/2007

-EXPCITE-
    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.


-MISC1-
                                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'."

-End-



-CITE-
    7 USC Secs. 72, 73                                          01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 3 - GRAIN STANDARDS

-HEAD-
    Secs. 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.

-End-



-CITE-
    7 USC Sec. 74                                               01/03/2007

-EXPCITE-
    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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 75                                               01/03/2007

-EXPCITE-
    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, Secs.
    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.

-End-



-CITE-
    7 USC Sec. 75a                                              01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 3 - GRAIN STANDARDS

-HEAD-
    Sec. 75a. Repealed.

-MISC1-
    Sec. 75a. Repealed. Pub. L. 103-354, title II, Sec. 293(a)(2), Oct.
      13, 1994, 108 Stat. 3237.
      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.

-End-



-CITE-
    7 USC Sec. 75b                                              01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 76                                               01/03/2007

-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,
    Secs. 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.

-End-



-CITE-
    7 USC Sec. 77                                               01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 78                                               01/03/2007

-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."

-End-



-CITE-
    7 USC Sec. 79                                               01/03/2007

-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.(!1)

    (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
    Government Accountability 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 (!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.

      (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, 2015. 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, Secs. 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, Secs. 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, Secs. 102(a), 103(a), Nov. 9, 2000,
    114 Stat. 2059, 2060; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118
    Stat. 814; Pub. L. 109-83, Sec. 1(a), Sept. 30, 2005, 119 Stat.
    2053.)

-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, Secs. 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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (j)(4). Pub. L. 109-83 substituted "2015" for
    "2005".
      2004 - Subsec. (e)(3). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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 2005 AMENDMENT                 
      Pub. L. 109-83, Sec. 1(b), Sept. 30, 2005, 119 Stat. 2053,
    provided that: "The amendments made by subsection (a) [amending
    this section and sections 79a, 79d, 87h, and 87j of this title]
    take effect on September 30, 2005."

                     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, Secs. 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, Secs. 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.

-FOOTNOTE-               

    (!1) See References in Text note below.

    (!2) So in original. Probably should be "the Secretary's".


-End-



-CITE-
    7 USC Sec. 79a                                              01/03/2007

-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 (!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.

      (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, 2015.
    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 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, Secs. 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, Secs. 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, Secs. 102(b), 103(b), Nov. 9, 2000, 114 Stat.
    2059, 2060; Pub. L. 109-83, Sec. 1(a), Sept. 30, 2005, 119 Stat.
    2053.)

-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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (l)(3). Pub. L. 109-83 substituted "2015" for
    "2005".
      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, Secs. 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, Secs. 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, Secs. 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, Secs. 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.

-FOOTNOTE-
    (!1) So in original. Probably should be "the Secretary's".


-End-



-CITE-
    7 USC Sec. 79b                                              01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 79c                                              01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 79d                                              01/03/2007

-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 2015 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; Pub. L. 109-83,
    Sec. 1(a), Sept. 30, 2005, 119 Stat. 2053.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-83 substituted "2015" for "2005".
      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, Secs. 13(a),
    16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993.

-End-



-CITE-
    7 USC Secs. 80 to 83                                        01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 3 - GRAIN STANDARDS

-HEAD-
    Secs. 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.

-End-



-CITE-
    7 USC Sec. 84                                               01/03/2007

-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, Secs.
    1604(g), 1606(f), Sept. 29, 1977, 91 Stat. 1028, 1030; Pub. L. 103-
    156, Secs. 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.


-MISC1-
                                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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 85                                               01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 86                                               01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 87                                               01/03/2007

-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, Secs.
    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.

-End-



-CITE-
    7 USC Sec. 87a                                              01/03/2007

-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, Secs.
    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.

-End-



-CITE-
    7 USC Sec. 87b                                              01/03/2007

-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, Secs.
    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, Secs. 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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 87c                                              01/03/2007

-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, Secs. 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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 87d                                              01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 87e                                              01/03/2007

-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, Secs.
    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.

-End-



-CITE-
    7 USC Sec. 87e-1                                            01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 3 - GRAIN STANDARDS

-HEAD-
    Sec. 87e-1. Repealed.

-MISC1-
    Sec. 87e-1. Repealed. Pub. L. 106-472, title I, Sec. 110(b), Nov.
      9, 2000, 114 Stat. 2061.
      Section, Pub. L. 94-582, Sec. 23, Oct. 21, 1976, 90 Stat. 2888,
    authorized purchase or lease of inspection equipment.

-End-



-CITE-
    7 USC Sec. 87f                                              01/03/2007

-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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 87f-1                                            01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 87f-2                                            01/03/2007

-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
    (!1) of this title, within thirty days after receipt by the
    Secretary or the Secretary (!2) of notice of the cancellation of
    any contract for the export of more than one hundred thousand
    metric tons of grain.


    (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, Secs. 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.


-MISC1-
                                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, Secs. 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.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. The words "or the Secretary" probably
         should not appear.


-End-



-CITE-
    7 USC Sec. 87g                                              01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 87h                                              01/03/2007

-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 2015, 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, Secs.
    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; Pub. L. 109-83, Sec. 1(a), Sept. 30,
    2005, 119 Stat. 2053.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-83 substituted "2015" for "2005".
      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, Secs. 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.

-End-



-CITE-
    7 USC Sec. 87i                                              01/03/2007

-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.

-End-



-CITE-
    7 USC Sec. 87j                                              01/03/2007

-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, 2015.

-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,
    Secs. 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;
    Pub. L. 109-83, Sec. 1(a), Sept. 30, 2005, 119 Stat. 2053.)

-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.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-83 substituted "2015" for "2005".
      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, Secs. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530.

-End-



-CITE-
    7 USC Sec. 87k                                              01/03/2007

-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, Secs. 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.


-MISC1-
                                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)".

-End-