United States Department of Agriculture

Agricultural Marketing Service

Federal Grain Inspection Service

Directive FGIS 9290.18 August 1, 2023

Distribution: FGIS, OSP, Industry Originating Office: QACD

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and 

policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA 

programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity 

(including gender expression), sexual orientation, disability, age, marital status, family/parental status, income 

derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, 

in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and 

complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, 

large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET 

Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. 

Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, 

found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed 

to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint 

form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, 

Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) 

fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

EXCEPTIONS AND SERVICE AGREEMENTS

Contents

EXCEPTIONS AND SERVICE AGREEMENTS �����������������������������������������������������������������1

1. PURPOSE �������������������������������������������������������������������������������������������������������������������������

2. REPLACEMENT HIGHLIGHTS �����������������������������������������������������������������������������������������

3. BACKGROUND �����������������������������������������������������������������������������������������������������������������

4. RESPONSIBILITIES ���������������������������������������������������������������������������������������������������������

5. EXCEPTIONS �����������������������������������������������������������������������������������������������������������������

6. SERVICE AGREEMENTS �������������������������������������������������������������������������������������������������

7. ADDITIONAL INFORMATION �����������������������������������������������������������������������������������������
FGIS Directive 9290.18 August 1, 2023

Page 2

1. PURPOSE

This directive establishes requirements for providing official service under Title 7 of 

the Code of Federal Regulations (CFR) Section (§) 800.117(b) Who shall provide

original services; Exceptions. It also establishes requirements for neighboring agencies

to provide infrequent official service by agreement under 7 CFR §800.196(g) (1) 

Designations; Responsibilities; Providing Official Services of the regulations under the 

United States Grain Standards Act (USGSA)

2. REPLACEMENT HIGHLIGHTS 

This directive supersedes FGIS Directive 9290.18, issued on April 14, 2017. The

changes include updated procedures, expanding exception request types to include 

nonuse of service exceptions, adding three timely service exception tiers, and adding 

instructions for official agencies to challenge exception requests.

3. BACKGROUND

Under the USGSA, official agencies (OA) are designated to serve a specific geographic 

area. This restriction was established to ensure effective and efficient delivery of official 

services to all facilities within the assigned geographic area designated to an OA, in so 

far as practicable. As outlined in 7 CFR §800.117, an applicant for service may request, 

under certain conditions, a neighboring OA to provide official services in lieu of the OA 

assigned to their geographic area, subject to Federal Grain Inspection Service (FGIS) 

approval

In 2000, Congress amended Section 7(c)(B)(2) of the USGSA to give the United States 

Department of Agriculture (USDA) the discretion to allow more than one designated OA 

to provide official inspection services within a single geographic area.

In 2003, FGIS revised its regulations to allow more than one designated OA to inspect 

or weigh grain within a single geographic area. Section 800.117(b) established thre

types of exceptions programs: timely service, nonuse of service, and barge probe 

service. These exceptions allowed, under certain conditions, eligible facilities to request

official grain inspection or weighing services from a designated OA other than the one 

assigned to serve their geographic area

In 2015, Congress amended Section 7(f) (2) and Section 7A (i) (2) of the USGSA 

eliminating the nonuse of service exception and adding a written agreement exception

A written agreement exception, made at the request of a facility, allows a geographically 

adjacent OA to serve the facility if the assigned OA waives the current geographic area 

restriction

In 2018, Congress reinstated authority to allow a nonuse of service exception through 

an amendment to the USGSA in the 2018 Farm Bill and allowed for the restoration of 

previously terminated nonuse of service exceptions. Interested parties were given an 

opportunity to submit restoration requests to FGIS.
FGIS Directive 9290.18 August 1, 2023

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In 2023, following the rulemaking process, 7 CFR part 800.117 was revised to update

the regulations, include three timely service exceptions tiers (one time, 90-day, and 

long-term), add nonuse of service exceptions parameters, and include the opportunity 

for the assigned Official Agencies to challenge timely service and nonuse of service 

exceptions requests

4. RESPONSIBILITIES

a. FGIS Quality Assurance and Compliance Division (QACD

QACD is responsible for the oversight of exceptions and service agreements. This

includes evaluating requests, in consultation with other FGIS offices, to ensure all 

applicable requirements are met, including statutory and regulatory requirements. 

QACD notifies the applicant, assigned OA, and potential gaining OA when an 

exception request is received by QACD. FGIS, through QACD, makes the decision 

to grant or deny requests, and notifies the involved parties. FGIS, through QACD, 

makes the decision to cancel exceptions and service agreements and notifies the 

parties involved

b. Applicants for Servi

The applicant for service (facility management), seeking or holding an exception an 

exception or service agreement, is responsible for: 

(1) Submitting the QACD-101 Exceptions Request information and any relevant

documentation to FGISQACD@usda.gov, when requesting timely service or

nonuse of service exception requests

(2) Submitting a written notification to terminate a 90-day or long-term timely 

service request to QACD, and the gaining OA, if desired

(3) Submitting a new nonuse of service exceptions request, if desired, in 

instances when facility ownership changes or the gaining OA is no longer 

designated

(4) Submitting a request for cancellation of an exception, where applicable

c. Official Agen

(1) Assigned OA. The assigned OA is the OA designated to provide official 

services in the assigned geographic area. The assigned OA is responsible for:

(a) Submitting the QACD-102 Exceptions Request Challenge document 

and any relevant documentation within 14 calendar days of notice of a 

timely service or nonuse of service exception request, should the OA

choose to challenge the request. See instructions on website a

https://www.ams.usda.gov/services/fgis/usgsaexceptions
FGIS Directive 9290.18 August 1, 2023

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(b) When the assigned OA agrees to waive the current geographic 

restriction, it is responsible for working with the gaining OA to submit the 

written agreement exception or service agreement to QACD

(c) Providing customer service information (e.g., the date and time o

service last provided to the facility). The assigned OA, even with an 

exception in its territory, is allowed to provide service to the applicant 

upon request, as such it must and report monthly volume information 

for any services provided to the facility after the nonuse of service 

exception, written agreement exception, or service agreement allowing a 

gaining OA to provide service within their assigned geographic area has 

been approved

(2) Gaining OA. The gaining OA is the OA excepted to provide official services in 

the assigned geographic area of another OA. The gaining OA is responsible

for:

(a) The gaining OA is responsible for ensuring that service is provided upon 

accepting an exception or service agreement and reporting monthly 

volume information for official services provided at facilities under 

exceptions and service agreements

(b) Requesting a new SSP code in cases where an exception has been 

granted for an applicant outside of the gaining OA’s assigned geographic 

area

5. EXCEPTIONS

There are four types of exceptions: Timely service, nonuse of service, barge probe, and 

written agreement

a. Timely Service  If an official agency cannot provide an applicant official service

within 6 hours, cannot provide the results and certificate in accordance with 

§800.160(c) Official certificates; issuance and distribution; prompt issuance, and/or 

cannot provide services due to weather or other short term disruption, or does not 

offer the official services the applicant is requesting, a timely service exception may 

be requested by completing the QACD-101 Exceptions Request document and 

submitting to FGISQACD@usda.gov

(1) There are three tiers of timely service exceptions.

(a) One time: When the first instance of untimely service by the 

assigned OA occurs, the applicant needs to request and/or notify of a 

one-time exception. For one-time requests outside of business hours, 

the gaining OA may provide the service at the request of the applicant. 

Under urgent one-time requests in which services are performed prior 

to notification to QACD and its review of the exception request the, 

following conditions apply;
FGIS Directive 9290.18 August 1, 2023

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1 The applicant must still submit one-time timely service exception 

request notification to QACD within two business days after the

service has been completed

2 The gaining OA must email FGISQACD@usda.gov and within two

business days of the services being performed and include the 

following

a The date and types of services provided,

b The applicant name and address that services where 

provided,

c Evidence which demonstrates the applicant attempted to 

contact their assigned OA for service, including the date, time, 

and result of the request (i.e., e-mails, documented phone call 

attempts, voicemail messages, etc.), or confirms the assigned 

OA is unable to provide service within 6 hours of the requested 

start time

(b) 90-Day: If an applicant has been granted a one-time exception and 

a second occurrence of untimely service by the assigned OA has 

occurred within 180 calendar days of the first instance, they may submit 

a 90-day exception request. Granted exceptions will be active for 90 

calendar days beginning the day the exception is granted.

(c) Long-Term: If an applicant has been granted a 90-day exception and 

there is another occurrence of untimely service by the assigned OA

within 365 calendar days of the applicant returning to service with 

the assigned OA, the applicant may request a long-term exception. If 

approved by QACD, a long-term exception may remain in effect until the 

end of the gaining OA’s designation period

(2) Upon receipt of a 90-Day or Long-Term timely service request, QACD will 

notify the assigned OA and the gaining OA that the request has been 

submitted and offer the assigned OA 14 calendar days to challenge the 

request

(3) QACD will notify the applicant, the assigned OA, and gaining OA once a 

determination is made. While waiting a decision on 90-day or long-term 

requests, the applicant may receive services from the gaining OA. QACD 

aims to make a determination within 15 business days unless more time is 

needed due to a request being challenged by the assigned OA.

(4) QACD, in consultation with all parties, may terminate 90-day or long-term 

timely service exceptions and will notify the applicant, the assigned OA, and 

gaining OA
FGIS Directive 9290.18 August 1, 2023

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b. Nonuse of Service: If an applicant has not received services from the assigned 

OA within 90-calendar days,they may submit a nonuse of service request to 

receive services from another OA. Periods of nonuse resulting from timely service 

exceptions will not qualify as part of a period of nonuse. Nonuse of service 

requests must be submitted on QACD-101 to FGISQACD@usda.gov. Request

must include at minimum the last date the assigned OA provided service to the 

facility, the reason services have not been received or requested in the past 90 

days, and the identified reason for the request. See instructions on the AMS 

Website at https://www.ams.usda.gov/services/fgis/usgsaexceptions

(1) Upon receipt of a nonuse of service request, QACD will notify the assigned

OA and the gaining OA that the request has been submitted and offer the 

assigned OA an opportunity to challenge the request within 14 calendar days.

(2) QACD will notify the applicant, the assigned OA, and gaining OA once a 

determination is made

(3) Approved nonuse of service exceptions remains in effect until the end of the

gaining OA’s designation period and will be automatically renewed if the 

gaining OA is awarded a new designation period

(4) If the applicant transfers ownership of its facility, the nonuse of service 

exception will automatically terminate, and the new owner of the facility will 

need to request a new nonuse of service exception to receive service from an 

OA other than the assigned OA for their geographic area

(5) If the applicant, the assigned OA, gaining OA, and QACD agree to terminate

the exception, the exception will be terminated and the applicant must return 

to the assigned OA

c. Barge probe: Any OA may provide probe sampling and inspection services fo

barge-lots of grain with no restrictions due to geographical locations. QACD 

approval is not required for barge probe exceptions

d. Written Agreement: An applicant may request official services be provided by 

gaining OA whose geographic area is adjacent to the assigned OA’s geographic 

area. If the assigned OA agrees to allow the gaining OA to provide service at that

facility, a written agreement exception request must be submitted to QACD at 

FGISQACD@usda.go

(1) The applicant must submit a written agreement exception request, on 

company letterhead, and include the following:

(a) Date of request;

(b) Date of implementation;
FGIS Directive 9290.18 August 1, 2023

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(c) Name, location, and contact information for the specific facility pertaining

to the written agreement;

(d) Names and contact information of the assigned OA and the gaining OA;

(e) The inspection and/or weighing services that will be provided by the

gaining OA;

(f) The responsibilities of each OA under the written agreement;

(g) Timeframes governing the duration of the written agreement, if 

applicable;

(h) A termination clause, if timeframes are not specified;

(i) Any relevant information that will aid in the evaluation of the written 

agreement; and

(j) Signatures of the OAs and applicant facility management.

(2) Once approved, written agreement exceptions remain in place until:

(a) One or more parties cancel the exception, and/or;

(b) Significant changes, such as change of ownership, occur with one or 

more parties involved

(3) To ensure facilities continue to receive official services upon the cancellation

of a written agreement exception, FGIS allows 30-days for the parties to 

either submit a new written agreement exception or transfer services to the 

assigned OA

6. SERVICE AGREEMENTS

When an assigned OA determines that official service at a facility (or facilities) within 

its assigned geographic area is impracticable, the assigned OA may enter into a 

service agreement with a gaining OA. A service agreement request must be submitted

to QACD at FGISQACD@usda.gov  QACD will review the request and provid

documented approval of the service agreement to all parties

a. The assigned OA must submit a service agreement request, on company 

letterhead, and include the following:

(1) Date of request;

(2) Date of implementation;
FGIS Directive 9290.18 August 1, 2023

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(3) The name(s), location(s) and contact information for the specific facility (or

facilities) pertaining to the service agreement;

(4) Names and contact information of the assigned OA and the gaining OA;

(5) The inspection and/or weighing services that will be provided by the gaining

OA ;

(6) The responsibilities of each OA under the service agreement including how 

fees will be charged to the customers, how certification issuance will be 

handled under the agreement, etc.

(7) A justification for signing the service agreement (i.e., benefits of the service

agreement to the facility (or facilities) and the official inspection system);

(8) Timeframes governing the duration of the service agreement, if applicable

(9) A termination clause, timeframes are not specified;

(10) Any relevant information that will aid in the evaluation of the service 

agreement;

(11) Signatures of the OAs

b. Once approved, service agreements remain in place until:

(1) The timeframe governing the duration of the service agreement expires; or

(2) The agreement is cancelled per the termination clause; or

(3) Significant changes, such as change of ownership, occur with one or more 

parties involved; or

(4) FGIS determines the service agreement is no longer in the best interest of the

 official system.

c. To ensure facilities continue to receive official services upon the cancellation of a 

service agreement FGIS allows 30-days for the parties to either submit a new 

service agreement or transfer services back to the assigned OA

d. The gaining OA will be responsible for maintenance of records and file samples in

accordance with the U.S. Grain Standards A
FGIS Directive 9290.18 August 1, 2023

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7. ADDITIONAL INFORMATION

Resources and additional information may be found at 

https://www.ams.usda.gov/services/fgis/usgsaexceptions

Contact information:

FGIS Quality Assurance and Compliance Division; FGISQACD@usda.go