United States Department of Agriculture

Agricultural Marketing Service

Federal Grain Inspection Service

Directive 9100.7 07/19/2023

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.

FEES FOR OFFICIAL SERVICE PROVIDER SERVICES

Contents

FEES FOR OFFICIAL SERVICE PROVIDER SERVICES ������������������������������������������������1

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

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

3. AUTHORITY �����������������������������������������������������������������������������������������������������������������

4. CRITERIA FOR FEES ���������������������������������������������������������������������������������������������������������

5. FORM AND CONTENT �������������������������������������������������������������������������������������������������

6. FEE CHANGES AND FEES FOR NEW SERVICES ��������������������������������������������������������

7. SUBMISSION �����������������������������������������������������������������������������������������������������������������

8. APPROVAL �������������������������������������������������������������������������������������������������������������������������

9. QUESTIONS �����������������������������������������������������������������������������������������������������������������

ATTACHMENT �����������������������������������������������������������������������������������������������������������������7
FGIS Directive 9100.7 07/19/2023

Page 2

1. PURPOSE

This directive establishes procedures for: (a) Official Service Providers (OSPs) to

follow when preparing and submitting proposed fees for official services under the

U.S. Grain Standards Act, as amended, (USGSA) and the Agricultural Marketing Act 

1946 (AMA); and (b) Quality Assurance and Compliance Division (QACD) review and

approval or disapproval of such fees. For purposes of this directive, OSPs refers t

Designated private agencies, Designated and/or Delegated States under the USGSA,

and Cooperators under the AMA

2. REPLACEMENT HIGHLIGHTS

This directive replaces Federal Grain Inspection Service (FGIS) Program Directive

9100.7, dated January 30, 2020. This directive was updated to reflect FGIS current fee 

policies, incorporating separating the USGSA and AMA user fees from unit fees

3. AUTHORITY

Section 79(f)(l)(A)(v) of the USGSA and section 800.70 of the regulations under th

USGSA. Section 203(h) of the AM

4. CRITERIA FOR FEES

The USGSA provides that OSP fees for official services must not be discriminatory or

unreasonable. To be nondiscriminatory, OSPs must charge each customer the sam

fee for a particular service and each customer must have an opportunity to qualify for

any discounts established by an OSP

Section 800.70(c) of the regulations under the USGSA provides that fees will b

considered reasonable if:

a. They cover the estimated total cost to the OSP of providing official inspection,

official commercial inspection, Class X and Class Y weighing, inspection

equipment testing services, and related supervision and monitoring activities;

b. They are assessed based on the average cost of providing the same or simila

services at all locations served by the OSP;

c. They are reasonably consistent with fees for similar services charged by adjacen

OSPs;

d. The OSP submits sufficient information showing how they derived the fees.

Section 203(h) of the AMA provides that the AMA fees will be reasonable and, as nearly 

as possible, cover the cost of the services provided

5. FORM AND CONTENT
FGIS Directive 9100.7 07/19/2023

Page 3

USGSA fees and AMA fees must be submitted on separate fee schedules.

Fee schedule form and content must meet the following guidelines:

a. Form  OSPs must submit proposed fee schedules electronically, in Microso

Word®, in a format as close as possible to the Attachment, using OSP letterhead 

or showing the OSP name, address, and telephone number. They may include

the name(s) of the OSP owner(s) and/or manager(s). The proposed fee schedules

must meet the provisions defined within Section 508 of the Rehabilitation Act of 

1973, as amended, regarding the accessibility of electronic information for people 

with disabilities

Note: OSPs must leave a 2 inch by 2 inch square at the bottom right of each 

page for the QACD approval seal.

b. Effective Date. Enter the proposed effective date of the fee schedule and in the

header on each page. Proposed effective date should allow for a 60-day 

evaluation

c. Regular Hours and Fees  Fee schedules must show the regular business hou

and hourly fees. Regular business hours should be consistent with the busines

hours used by the local grain industry. QACD encourages all OSPs to establis

core business hours with a set window (e.g., 7 a.m. to 5 p.m., or 6 a.m. 

Monday through Friday) to satisfy customers. OSPs must charge the regula

hourly rate for the first eight hours worked within core hours.

d. Overtime and Holiday Hours and Fees  Overtime charges may not exceed 1

times the regular hourly rate for all hours over the first eight hours or Saturdays. 

OSPs may charge a maximum of double the regular hourly rate for Sundays and 

holidays. If an OSP has a separate fee for holiday hours, they must include a list

of the holidays on their fee schedule. Holidays will be limited to those observed

by the Federal, State, or local governments, or those observed by the local grain 

industry

e. Travel and Standby Fees  Fee schedules must show the hourly fee for trave

the per-mile fee, standby fees, if any, and how the OSP assesses such fees (e.g.,

for customer required standby time, actual miles traveled, more than one trip

per day, travel outside city limits, travel more than a specific number of miles, or

sampling less than a specific number of carriers). Time in travel and hours worked

(including standby time, if any) must be totaled to determine if minimum call-out

charges apply. (For example: If an OSP has a four-hour minimum call-out charge

and a job takes one hour of work with two hours of travel, round trip, for a total of

three hours, the OSP would charge the minimum four-hour call-out charge.) The

OSP must charge travel time and mileage as nearly as practical on an actual cost

basis. The mileage rate must be no higher than the guidelines established by th

Internal Revenue Service. OSPs must prorate travel charges when serving mor

than one location during one trip
FGIS Directive 9100.7 07/19/2023

Page 4

f. Unit Fees  OSPs may charge a unit fee instead of, or in addition to hourly fee

to help recover the cost of official services. The fee schedule must show the

services included in the unit fee (e.g., grading and certification, sampling, a specific

number of sampling hours, travel cost), and how the OSP will charge overtime and

holiday fees (besides or instead of unit fees)

g. Additional Charges  OSPs must clearly explain the conditions under which th

charge additional fees. Such charges include State sales or service taxes, interes

on unpaid balances, transportation, service cancellation, postage, courier fees, fax,

telephone, shipping charges and other transaction fees. OSPs will not charge

customers a fee if they incurred no cost

h. Reinspections\Retests  OSPs must list two categorie

(1) Based on a File Sample. Fees should be similar to fees for submitte

samples. OSPs must submit sufficient justification detailing the need for

additional costs. Reinspection fees may be slightly higher than the submitte

sample charge to allow for storage, handling, and administrative costs

(2) Based on a New Sample. A new sample will not be more than the original

inspection and sampling fees

i. Contractual Arrangements and Other Discounts  OSPs must show all discoun

(e.g., for contract agreements, volume discounts, and onsite laboratories) 

their fee schedules and make them available to all customers who can meet the

requirements. Charges to customers for service at different laboratories cannot

vary (except mileage and travel) unless the OSP incurred extra costs (e.g., cos

of labor for inspectors). When estimating costs, OSPs must consider whethe

elevators are supplying laboratory space, equipment, and utilities

j. Services Outside the USGSA and AMA  QACD does not approve charges for O

services outside the USGSA or the AMA. If OSPs want to include such charges,

they must be shown on a separate page(s) and clearly identified as services not 

provided under the USGSA or the AMA

k. User Fees  OSPs must charge user fees in accordance with the followin

instructions:

(1) USGSA

OSPs must identify user fees as separate line items from the unit fees 

charged for each service and include the following statements on their fee 

schedule, as applicable

(a) FGIS Administrative Tonnage Fees. In addition to all other applicable

fees, FGIS administrative tonnage fees for export grain shipments 

inspected and/or weighed, excluding land carrier shipments to Canada 

and Mexico, will be assessed at the current per metric ton rate identified 
FGIS Directive 9100.7 07/19/2023

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in FGIS Directive 9180.74 (Service Fees and Billing Codes, Attachment

1.) Invoices will identify assessed administrative tonnage fees as

separate line items per applicable carrier/unit type

(b) FGIS Supervision Fees. In addition to all other applicable fees, FGIS

supervision fees for domestic U.S. grain shipments inspected and/o

weighed, including land carrier shipments to Canada and Mexico, will be 

assessed at the current per metric ton rate identified in FGIS Directive 

9180.74 Service Fees and Billing Codes, Attachment 2. Invoices wil

identify assessed supervision fees as separate line items per applicable 

carrier/unit type

(2) AMA

Effective January 1, 2024, OSPs must identify Commodity Cooperative 

Service Agreement Fees and AMA Rice Cooperative Service Agreement Fees 

as separate line items from the unit fees charged for each service and include 

the following statements on their fee schedule, as applicable

(a) Commodity Cooperative Service Agreement Fees. In addition to all

other applicable fees, commodity cooperative service agreement fees 

for commodity inspection services (pulses, hops, and miscellaneous 

processed commodities), excluding rice, will be assessed at the current 

percentage rate identified in FGIS Directive 9180.74 (Service Fees 

and Billing Codes, Attachment 4.) The assessed fees must exclude

travel, mailing expenses, and state and local taxes. Invoices will identify

assessed commodity cooperative service agreement fees as separate 

line items

(b) AMA Rice Cooperative Service Agreement Fees. In addition to all

other applicable fees, AMA rice cooperative service agreement fees 

for rice inspection services will be assessed at the current percentage 

rate identified in FGIS Directive 9180.74 (Service Fees and Billing 

Codes, Attachment 3.) The assessed fees must exclude travel, mailing

expenses, and state and local taxes. Invoices will identify assessed AMA

rice cooperative service agreement fees as separate line items

OSPs must submit proposed AMA fee schedules to QACD no later than November 

1, 2023, reflecting the removal of Commodity Cooperative Service Agreement 

Fees and AMA Rice Cooperative Service Agreement Fees from their unit fees with 

a January 1, 2024, effective date.

If the OSP requests to retain their current user fees at the existing rate, OSPs must 

provide sufficient justification for retaining the entire amounts of current commodity 

cooperative service agreement fees embedded within their unit fees
FGIS Directive 9100.7 07/19/2023

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If sufficient justification is provided, the OSP may retain the unit fees at the current 

rate, but prior to FGIS approval must also notify their customers of their intent to 

increase fees in those amounts through written notice. OSPs must provide a copy

of this notice to FGIS as part of their justification for retaining the fee.

6. FEE CHANGES AND FEES FOR NEW SERVICES

Sufficient justification for fee schedule changes must accompany each request.

Justification must include documentation showing fixed and variable expenses and

any other appropriate information. OSPs will notify their customers of proposed fe

schedule changes. A copy of such notification must accompany each fee proposal

request

7. SUBMISSION

Submit the proposed fee schedule electronically in Microsoft Word® format, including 

justification, and a copy of the notification of proposed fee changes to customers, to 

QACD via e-mail at FGISQACD@usda.gov

8. APPROVAL

QACD must approve all fees prior to OSPs charging their customers

Once QACD receives an electronic submission with the required documentation, allow

60 days for evaluation. If additional information is required, QACD will notify the OSP i

writing within the 60-day evaluation period. If the OSP does not provide the requested

information within 10 business days, QACD will dismiss the proposed fee schedule

QACD will send a copy of the approved fee schedule electronically in PDF format to the

OSP along with a clean copy of the fee schedule in Microsoft Word® format to use for

future submissions

9. QUESTIONS

Direct any questions regarding establishing fee schedules to QACD via e-mail at 

FGISQACD@usda.go
FGIS Directive 9100.7 07/19/2023

Page 7

ATTACHMENT 

Effective Date (in header on each page)

OFFICIAL SERVICE PROVIDER NAME and ADDRESS 

TELEPHONE NUMBER 

[USGSA] or [AMA] Fee Schedule

This fee schedule is not valid unless signed seal appears on each page

I. GENERAL INFORMATION

Names of Managers and/or Owners: (optional)

Effective Date: (the proposed effective date 60 days from submission)

Hourly Charges: Regular, overtime, Saturday, Sunday, and holiday hours and rates

Include whether assessed in full, half-hour, or quarter-hour increments, and list days 

subject to holiday rates

Travel Fees: Fee schedules must show the mileage charge and hourly travel rate, 

and how the OSP will assess such charges (e.g., actual miles traveled, portal t

portal, outside city limits, when sampling less than a specific number of carriers). Fee 

schedules also must include the statement, “Mileage will be prorated where possible.”

Other Charges: Any other fees assessed such as minimum fees (e.g., less than 

specific number of carriers per hour or per shift, call-out charges, etc.). Travel time will 

not be charged when minimum fees are charged

2. OFFICIAL SERVICES

Include hourly and/or unit fees for each service provided and a statement of what the 

charges include (e.g., sampling, grading, and certification; sampling only; a specific 

number of sampling hours)

Enter the statements, “Official services not covered by the above fees will be charged 

at the appropriate hourly rate.” and when applicable, if not otherwise listed, “Official 

commercial inspection services are available upon request.”

3. SERVICES NOT UNDER THE [USGSA] OR [AMA]

QACD does not approve fees for services outside the USGSA 

or the AMA. Such fees must be shown on a separate page(s). Leave a 2x2 blan

space on every 

page for seal