Applying for Designation Under the 

United States Grain Standards Act 

(New Applicants)

August 25, 2022

FGIS Quality Assurance & Compliance Division
Contents

• Overview

• Establish a USDA eAuthentication User Account

• Create a MyFGIS Account

• Request Access to Delegations, Designations, and Export Registrations (DDR)

• Federal Register – Opportunities For Designation 

• Apply Online Using DDR

• Submit a Detailed Business Plan

• AD-1049 Drug Free Workplace Certification Requirement

• Conflicts of Interest Requirements

• Special Requirements for Entities Owned by Grain Trade Organizations or Unofficial Inspection Agencies

• Review, Recommendation, and Designation Award Process

• Designation Criteria Under the USGSA and Regulations

• Duties of Official Personnel

• Standards of Conduct for Official Personnel

• Prohibited Acts Under the USGSA
Overview

Any person, State, or local government may apply for designation as an official agency to perform official 

inspection and/or weighing services. Section 79(f)(1)(A) of the USGSA lists the conditions and criteria for 

designation, and Section 79(f)(1)(B) says that an applicant must be better able to provide service than any 

other applicant for designation.

The following instructions and information provided outlines the Federal Grain Inspection Service (FGIS) 

online designation application process, designation criteria and requirements, and is primarily written for new 

applicants (not currently designated) who may be seeking designation in unassigned or assigned geographic 

areas within the United States. 

The information and instructions provided in the following tutorial will give you the necessary tools and 

understanding to successfully submit an online designation application and gain an understanding of the high 

standards and level of customer service, commitment, and conformity expected of an official service provider. 
Establish an eAuth Account

Establish a USDA eAuthentication User Account

• Create an eAuthentication user account at: https://www.eauth.usda.gov/

• You must use an e-mail address assigned to you. A shared e-mail account cannot be used. 

• Use the recommended self-service Online Identity Verification Application. The process involves entering your Social Security Number (SSN) and answering 5 questions provided by a nationally known third party identity 

proofing service. USDA does not handle your SSN in any way. 

• Verify your eAuthentication account online:

o Under the manage account menu, select ‘Update Account’

o Select ‘Verify My Identity” to begin the process

• If you are unable to successfully complete the online identity verification process, you must make an appointment 

at a local USDA Service Center, for in-person identity verification. The in-person process involves taking your government issued photo ID (e.g., State issued Driver’s License) to the Local Registration Authority (LRA) who 

verifies your identity and activates your account.

• These instructions can also be obtained by accessing the following link. 

MyFGIS_Customer_Manager_Guide_2020_10_16.pptx (live.com)
Create a MyFGIS Account

Create a MyFGIS Account and MyFGIS# Using FGISonline

• As a new entity applying for designation, the next thing you will need to do is create a MyFGIS account 

and register with FGIS using our FGISonline internet-based system. 

• The link below will direct you to a power point instructing you how to log into MyFGIS and how to 

request a new MyFGIS# for your organization. Your MyFGIS# will be linked to all of your organizational 

activities conducted through FGISonline. 

• Once your organization is set up and your MyFGIS# is assigned, you will be able to request access the 

Delegations, Designations, and Export Registrations system where our online designation application 

process is administered. 

MyFGIS_Customer_Manager_Guide_2020_10_16.pptx (live.com)
Request Access to DDR

Request Access to Delegations, Designations, and Export Registrations (DDR)

• Next you will need to request access to the DDR system through FGISonline.

• The DDR system can be accessed at the following link: Federal Grain Inspection Service System 

(usda.gov)

• Upon initial request, you will be prompted to complete and submit an online form to request access to 

the FGISonline resource. It may take up to 24 hours for your access request to be reviewed and granted. 

• Once access is granted, you will have the ability to complete an online application for designation, but 

only when an Opportunity for Designation notice has been published in the Federal Register for the area 

you would like to apply and when FGIS has opened the area for application within the online system. 
Federal Register Notices

Monitor the Federal Register for Opportunity for Designation Notices

• All Opportunities for Designation are published in the Federal Register and viewable by the general 

public, whenever a geographic area is open for applications. 

• In many cases, the application acceptance period will open the same day the opportunity is published 

and will close following the date specified in the notice (usually 30 days). Some application periods will 

open on a later date specified in the notice, usually when multiple opportunities under different 

designation periods are consolidated into one single publication. 

• The Federal Register may be accessed at the following link: https://www.federalregister.gov/

• The easiest way to ensure you are notified when an opportunity is published is to sign up for a 

subscription using your e-mail account through the Federal Register and enter the keyword ‘FGIS’ in 

your subscription preferences. This will ensure you are sent an e-mail notification whenever FGIS 

publishes a notice. 
Apply Online Using DDR

Apply Online Using DDR

• Once the Opportunity for Designation you have been waiting for has published, and the announced application period has 

started, you must log into DDR and complete an online application. 

• The instructions for completing the online Application for Designation are as follows: 

• Begin A New Application 

o To begin a new application for designation or application for export registration, highlight your choice in the drop list at the top of the My Information page and click Go. You will be redirected to the first page of the form. 

o Each of the pages within the application is numbered. When you start or resume an application, a progress bar will appear at the top of each page. To navigate to different pages within the form, click the appropriate circled number, or click Finish to review all information. The circles also indicate the status of the information 

you are entering: 

 Grey circles indicate a page where you have not entered any data. 

 Grey with black border indicates the current page. 

 Green circles indicate a page where you have entered data that was saved into the form. 

 Red circles indicate partially completed pages or invalid data. You may only submit an application if you provide the minimum required data. 

 For additional navigation within the form, use the buttons at the bottom of the page: 

 Cancel, to stop the application process and return to the My Information page without saving your data. This option is only available on the first page of the form. Previous, to navigate back to a previously viewed page of the form. 

 Save and Exit, to save a partially completed application and return to finish it at another time. You will return to the My Information page, where your new application will be listed under Saved Applications. 

 Save and Continue, to save the current page’s data and continue to the next page. 

 Do not use the back button on your browser to navigate through the form. Use the circled numbers, the control buttons, or the left-hand Browse by Subject menu panel. 
Apply Online Using DDR

Apply Online Using DDR - continued

• New Application For Designation 

o Select Designation in the drop list at the top of the My Information page and click Go, or open a saved application for designation.

o Step One (Fig. 25). Enter the exact name of the private firm, individual, or state organization applying for designation. Include your web site address, if any. 

o Step Two (Fig. 26 – next slide). Use the drop list to select the designation for which you are applying. You can only select a designation which is currently unassigned 

and accepting applications. Once you select a designation, the following information will appear on the screen: 

• Geographic Area. The FGIS definition of the geographic area, in read-only format. 

• Amended Geographic Area. The text of the definition, in edit-ready format. You can choose to apply for the designation as currently defined, or you can request that the designation be 

amended to include or exclude counties, areas, service points or other facilities, or services (such as inspections or weighings). If you are NOT changing the geographic area of the 

designation, do NOT enter any changes to the text. Simply select your designation from the drop list, and then save and continue (or save and exit). 
Apply Online Using DDR

Apply Online Using DDR - continued

• New Application For Designation (continued)

o Step Three (Fig. 27). Indicate your scope of services by clicking the checkboxes for inspection, weighing, or both. 

o Step Four (Fig. 28). Enter the business address. Once you enter the zip code, the application will automatically fill in the city and state (note: do NOT hit the Enter key. 

Use the tab key or mouse to advance to a new field after entering the zip code). Use the radio button to indicate if this address is also your mailing address. If Yes, 

continue to the next page. If No, enter your mailing address on the next screen. 
Apply Online Using DDR

Apply Online Using DDR - continued

• New Application For Designation (continued)

o Step Five (Fig. 29). Enter the business title, name, phone number, and email address of the person who can be contacted regarding your application.

o Steps Six, Seven, Eight, and Nine. Each of these pages will ask you to provide various information such as names and addresses. You have three options for 

providing the data: 

 Click the Add New button and enter each record manually. 

 Upload a Microsoft Word, Adobe PDF, or Microsoft Excel file containing the required information. To upload a file, click Browse, select the correct file from your computer 

hard drive or local network, and click Upload File. 

 Continue without entering or uploading any data, and email, or e-mail the information manually after finishing the online application. Note: if you choose this option, the 

page number will turn red to indicate missing data. You can ignore this warning. 

 You can use any combination of these methods: for example, you could manually enter your officer’s names and upload an organizational chart, or upload a list of officers 

and fax a diagram of your organization’s structure (required for state organizations only).
Apply Online Using DDR

Apply Online Using DDR - continued

• New Application For Designation (continued)

o Step Six (Fig. 30). Select your organization type from the drop list. DDR will require different information for different organizations.

 State Organization (Fig. 31 – next slide): Enter the names and titles of all agency officials (i.e., Commissioner, Director, Bureau Chief, Official Agency Manager), 

and provide a chart of your organizational structure. For this page you can manually enter the records, upload a file, or email the information. 

 Sole Proprietorship (Fig. 34 – next slide): type in the owner’s name.

 Corporation (Fig. 32 – next slide): Use the Add New button to manually enter the names of all stockholders, officers, and directors. Also indicate each 

stockholder’s percent of ownership. 

 Partnership (Fig. 33 – next slide): Use the Add New button to manually enter each partner’s name and percent of ownership.
Apply Online Using DDR

Apply Online Using DDR - continued

• New Application For Designation (continued)
Apply Online Using DDR

Apply Online Using DDR -continued

• New Application For Designation (continued)

o Other (Figs. 35 and 36): enter a text description of the organization (such as Cooperative). On the next page, manually enter the full name of all ownerships and 

trustees. 
Apply Online Using DDR

Apply Online Using DDR - continued

• New Application For Designation (continued)

o Step Seven (Fig. 37). Provide the names and mailing addresses of the facilities requesting service for your organization.

o Step Eight (Fig. 38). Provide the full address and location of each specified service point, and also describe the service point’s availability (full-time or applicant-specific), 

the services being provided (inspections, weighing, or both), and the class of services (official, official-commercial, or both). If you are entering your records manually 

with the Add New button, use the drop lists to indicate the availability, scope of services, and class of services. If you are providing your records by upload or e-mail, 

include this information in text format (Microsoft Word, Microsoft Excel, and Adobe PDF formats only). 
Apply Online Using DDR

Apply Online Using DDR - continued

• New Application For Designation (continued)

o Step Nine (Fig. 39 – next slide). Provide the name and business title of all non-licensed personnel who work for your organization. You must also submit a completed 

Conflict-of-Interest Questionnaire (Form FGIS-100) for each non-licensed person listed on this page. 

o Step Ten (Fig. 40 – next slide). Enter the name and title of the manager of your organization’s grain program. Indicate if this person is also the official who oversees 

your grain program; if not, enter the responsible official’s name on the next screen. 

o Finish (Fig. 41 – next slide). Review the information you submitted for each part of the application. If you need to edit any section, click the corresponding page 

number at the top of the form, or use the Previous and Continue buttons to scroll through the application. 

At the bottom of the page is the following statement followed by a checkbox: 

o Certification: I certify that the answers given on this application for registration are true and correct to the best of my knowledge and belief. Click the checkbox to 

certify your application. At this point you will have three options: 

 Click Submit Application to submit your electronic application to FGIS. When you return to the My Information page, your application will be listed under

Submitted Applications. 

 Click Save and Exit to save and return to the My Information page without submitting the application. Your application will still be listed under Saved 

Applications.

 Click Previous or the circled page numbers to navigate back through the form.
Apply Online Using DDR

Apply Online Using DDR -continued

• New Application For Designation (continued)
Submit a Business Plan

Submit a Detailed Business Plan

• Please address the specific requests below in your business plan. FGIS wants to know how you are going to handle 

the area, if you have or how you will obtain the capitol to fund your business, how you’re going to obtain any new 

or required equipment, who is going to do the work, and how will you train and supervise those people.

• At minimum, please include the following: 

o State where you will set up office and inspection laboratories and your arrangements for obtaining such spaces. 

o State how you will obtain the necessary grain inspection equipment to perform official services.

o State how you will obtain the required computer hardware, software, and internet access.

o Explain your plans to get the persons licensed to perform inspection functions, as necessary, in order to provide service to 

the customer base. 

o Describe your proposed management and supervision structure. Include how you plan to conduct supervision of employee 

official duties. 

o Include a completed Conflict of Interest Questionnaire, Form FGIS 100, for each non-licensed owner, stockholder, manager, 

and/or employee or prospective employee. Any Trustees or Board of Directors members must also complete the FGIS-100.

FGIS 100 (usda.gov). Attach the completed forms to section 9 of your online application.

o Ensure that your drug-free statement (AD-1049) is up to date and communicated to all management and employees. 

Attach a signed AD-1049 to section 7, 8, or 9, of your online application. Certification Regarding Drug-Free Workplace 

Requirements (Grants) Alternative I – For Grantees Other Than Individuals (usda.gov)
Submit a Business Plan

Submit a Detailed Business Plan (continued)

o Submit a copy of your organizations Articles of Incorporation and any by-laws. 

o Submit proof of financial solvency and necessary capitol required to effectively conduct business as an official service 

provider. 

o Submit a list of official services you intend to provide and a proposed fee structure for those official services in accordance 

with FGIS Directive 9100.7 Fees for Official Service Provider Services. DIRECTIVE 9100.7 (usda.gov)

o If considered a ‘conflict’ organization, or owned by an unofficial inspection organization, describe how you plan maintain 

separation from the ‘conflict’ or ‘unofficial’ organization. Identify any persons serving as Trustees or Board of Directors 

members between the ‘conflict’ or ‘unofficial’ organization and the proposed ‘official’ entity. 

o Provide any additional details or information to assist FGIS in determining your organizations fitness for designation. 
Drug Free Workplace

Promoting and Maintaining a Drug Free 

Workplace

• Official personnel and warehouse samplers 

must maintain high standards of honesty, 

integrity, and impartiality to assure proper 

performance of their duties and 

responsibilities and to maintain public 

confidence in the services provided by 

them.

• USDA requires all grantees (other than 

individuals) to certify that it will or will 

continue to provide a drug free workplace 

using form AD-1049. 

• FGIS requires all applicants for designation 

to complete and submit a new or updated 

form AD-1049 with every new application.

Certification Regarding Drug-Free Workplace Requirements (Grants) Alternative I – For 

Grantees Other Than Individuals (usda.gov)
Conflicts of Interest

§87. Conflicts of Interest

• The USDA, AMS, and FGIS take matters involving Conflicts of Interest very seriously. Section 87. of the USGSA strictly prohibits

any person licensed or authorized by the Secretary to perform official functions from being 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 be in the employment of, or accept gratuities from, any such entity, or be engaged in any other kind of activity specified by regulation of the Secretary as involving a conflict of interest. 

• Section 87. also prohibits an official agency or State agency from engaging in any activity specified within this section or by regulation. 

• Please review the Conflicts of Interest provisions under the USGSA (§87. Conflicts of Interest) at the following link: 7 USC Ch. 3: 

GRAIN STANDARDS (house.gov)

• Please review the Conflicts of Interest provisions under the USGSA regulations (§ 800.187 Conflicts of interest) at the following link: eCFR :: 7 CFR 800.187 -- Conflicts of interest

• Please review the additional Conflicts of Interest provisions and policy in FGIS Directive 9070.3 Conflicts of Interest at the 

following link: Directive 9070.3 (usda.gov)

• All licensed, nonlicensed and authorized personnel are responsible for reporting and eliminating conflict-of-interest situations or 

the appearance thereof. In addition, all licensed and nonlicensed individuals must complete the conflict-of-interest information

that appears on the following forms (FGIS 944 or FGIS-100), as applicable. All licensed personnel must also submit a conflict of interest declaration through the FGIS Official Service Provider Licensing (FOL) program when initially applying for a license, during a license renewal, and anytime there is a new change in conflict of interest or circumstances status. 
Special Requirements

Special Requirements for Entities Owned by Grain Trade Organizations or Unofficial Inspection Agencies

• Conflict of Interest Agencies

o Conflict agencies are owned by the trade and are required to have a board of directors or trustees that act as a buffer between the owners 

and the agency. The owners of a conflict agency have a financial interest in the grain and the final outcome of inspections. 

o Owners of conflict agency cannot participate in the management decisions and provide only public relation type support (information on 

grain grading awareness, etc.) They should be careful as not give the perception of being involved with the inspection/weighing of the grain.

o The trustees over see management of the business and are paid for their work and reimbursed for expenses. They approve major expenses; assist with certain management decisions; decide on office additions/deletions, etc.

• Official Agencies owned by an Unofficial Agency

o The main difference between a conflict of interest agency and an unofficially owned agency is that the unofficial agency does not own the 

grain or have any interest in the final outcome of the inspection as does the owner of a conflict agency. Unofficially owned agencies are also 

required to have a buffer (Directors or Trustees) between the agency and owners.

• In both cases, a separate entity owned by the conflict or unofficial organization that applies for designation under the USGSA, must have its own 

management, employees, facilities, and equipment. Further, if such entity is designated under the USGSA, the entity cannot represent itself to 

customers and the general public as being part of the conflict or unofficial agency. This includes, but is not limited to, items such as job announcements, advertisements, apparel, websites, billing invoices, and any other correspondence or dealings with customers and the general public. Such entity may only promote use of the “official system” and may not advertise or promote use of the unofficial agency. However, the unofficial agency may offer its assistance with certain human resource, procurement, and administrative functions that will not jeopardize the integrity of or public confidence in the designation. 
Review, Recommendation, and Awards

Review, Recommendation, and Designation Award Process

• After your online application and all requested documentation have been submitted and the application period has ended, your 

application will be reviewed by the FGIS Quality Assurance and Compliance Division (QACD). If only one application is received, 

QACD will review all aspects of the application to determine if the applicant meets the designation criteria and qualifies for 

designation as defined in the USGSA. If more than one application is received, QACD must review all aspects of all applications 

and perform a comprehensive comparison to help determine which applicant is better able than any other applicant to provide 

official inspection service, for the geographic area. In scenarios involving new applicants and/or multiple applicants QACD 

usually publishes a second Federal Register notice requesting public comments about the applicants for designation.

• Following an extensive review of all applicants and Federal Register public comments, a recommendation report is drafted and 

submitted to AMS upper management. The recommendation report includes details about the applicant(s) including application 

information provided, business plan information, results of any comprehensive comparisons conducted, and provides all viable 

options and the most recommended option for AMS upper management to use in making a final decision.

• Once AMS upper management has made a final decision, QACD will contact each applicant to notify them of the outcome of the 

decision. If an applicant is to be awarded the designation, QACD will notify the applicant to confirm the terms for which the

designation will be awarded and to verify the selected applicant’s agreement to accept the terms. 

• When all applicants have been notified of the outcome. QACD will begin the process to publish a final Federal Register notice 

announcing the designation award. This announcement may be consolidated with other designation award notices. 
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §79.(f)(1)(A)

§79. (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;
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §800.196

§ 800.196 Designations. eCFR :: 7 CFR 800.196 -- Designations.

(a) General. Eligible persons or governmental agencies may be designated to perform official services (excluding appeal inspection) within a specified area (other than 

export port locations). 

(b) Restrictions -

(1) General. If official inspection services are performed in an area by a designated agency, Class X and Class Y weighing services in that area may be 

performed only by the designated agency if the agency applies for designation to provide weighing services and is found qualified by the Service. If the 

agency designated to provide official inspection services is found not qualified or does not apply, the Class X and Class Y weighing services may be 

performed by another available agency that is found qualified and is designated by the Service, or the official services may be performed by the Service.

(2) Interim authority. 

(i) By agency. A designated agency may perform official services outside its assigned area on an interim basis when 

authorized by the Service. 

(ii) By Service. Official inspection services and/or Class X and Class Y weighing services may be performed by the Service in an area (other 

than export port locations) on an interim basis in accordance with sections 7(h) and 7A(c) of the Act. 

(c) Who can apply. Any State or local governmental agency or any person may apply, subject to sections 7 and 7A of the Act, to the Service for designation as an official 

agency to perform official inspection services (excluding appeal inspection) and/or Class X and Class Y weighing services in a given area (other than export port 

locations) in the United States. 

(d) When and how to apply. An application for designation should be filed with the Service, according to the provisions of the Federal Register notice which requests 

applicants for designation to perform official services in existing or new geographic areas. The application for designation:

(1) Shall be submitted on a form furnished by the Service; 

(2) Shall be typewritten or legibly written in English; 

(3) Shall show or be accompanied by documents which show all information requested on the form, or otherwise required by the Service; and 

(4) Shall be signed by the applicant or its chief operating officer. 
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §800.196 (continued)

§ 800.196 Designations. eCFR :: 7 CFR 800.196 -- Designations.

(e) Review of conditions and criteria for designation -

(1) Application. Each application for a designation shall be reviewed to determine whether it complies with paragraph (d) of this section. If an application 

is not in compliance, the applicant shall be provided an opportunity to submit the needed information. If the needed information is not submitted within 

a reasonable time, as determined by the Service, the application may be dismissed. When an application is dismissed, the Service shall notify the 

applicant, in writing, of the reason(s) for the dismissal. 

(2) Applicant. Each applicant for authority to operate as designated agency shall be reviewed to determine whether the applicant meets the conditions 

and criteria contained in sections 7(f)(1)(A) and (B) of the Act, § 800.199 of the regulations, and paragraph (g) of this section. The requested designation 

may be granted if the Service determines that: eCFR :: 7 CFR 800.199 -- Conflict-of-interest provisions.

(i) The requested action is consistent with the need for official services; 

(ii) The applicant meets the conditions and criteria specified in the Act and regulations; 

(iii) The applicant is better able than any other applicant to provide official services; and 

(iv) The applicant addresses concerns identified during consultations that the Service conducts with applicants for service to the 

satisfaction of the Service. 

(f) Area of responsibility -

(1) General. Each agency shall be assigned an area of responsibility by the Service. Each area shall be identified by geographical boundaries and, in the 

case of a State or local government, shall not exceed the jurisdictional boundaries of the State or the local government, unless otherwise approved by the 

Service. The area of responsibility may not include any export elevators at export port locations or any portion of an area of responsibility assigned to 

another agency that is performing the same functions, except as otherwise provided in § 800.117. A designated agency may perform official services at 

locations outside its assigned area of responsibility only after obtaining approval from the Service, or in accordance with provisions set forth in § 800.117. 

eCFR :: 7 CFR 800.117 -- Who shall perform original services.
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §800.196 (continued)

§ 800.196 Designations. eCFR :: 7 CFR 800.196 -- Designations.

(2) Amending. A request for an amendment to an assigned area of responsibility shall 

(i) be submitted to the Service in writing; 

(ii) specify the change desired; 

(iii) be signed by the applicant or its chief operating officer; and 

(iv) be accompanied by the fee prescribed by the Service. The assigned area may be amended if the Service determines that the

amendment is consistent with the provisions and objectives of the Act, regulations, and instructions. Upon a finding of need, the Service 

may initiate action to change an assigned area of responsibility. 

(3) Specified service points. An agency may change its specified service points by notifying the Service in advance. Interested persons may obtain a list of 

specified service points within an agency's area of responsibility by contacting the agency. The list shall include all specified service points and shall 

identify each specified service point which operates on an intermittent or seasonal basis. 

(g) Responsibilities -

(1) Providing official services. Insofar as practicable, each agency shall be responsible for providing at all locations in its assigned area each service 

authorized by the designation. An agency may, subject to Service approval, make arrangements with a neighboring agency to provide official services 

requested infrequently. The agency shall perform all official services according to the Act, regulations, and instructions in effect at the time of designation 

or which may be promulgated subsequently. 

(2) Fees. The agency shall charge fees according to § 800.70. eCFR :: 7 CFR 800.70 -- Fees for official services performed by agencies.

(3) Staffing, licensing, and training -

(i) General. The agency shall employ sufficient personnel to provide the official services normally requested in an accurate and timely 

manner. Each agency shall only use personnel licensed by the Service for the performance of official services and shall train and assist its 

personnel in acquiring and maintaining the necessary skills. Each agency shall keep the Service informed of the employment status of each 

of its licensees and any substantial change in a licensee's duties. 

(ii) State agencies. State agencies shall employ official personnel on the basis of job qualifications rather than political affiliations. 
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §800.196 (continued)

§ 800.196 Designations. eCFR :: 7 CFR 800.196 -- Designations.

(4) Rotation of personnel. Where feasible, each agency shall rotate licensees among elevators and other facilities as is necessary to preserve the integrity 

of the official inspection and weighing systems. 

(5) Supervision. The agency and its officials shall be responsible for the actions of the official personnel employed by the agency, for direct supervision of 

the daily activities of such personnel, and for the conduct of official services and related activities at the agency. The agency shall supervise official 

activities, in accordance with the Act, regulations, and instructions, and shall take action necessary to ensure that its employees are not performing 

prohibited functions and are not involved in any action prohibited by the Act, regulations, or instructions. Each agency shall report to the responsible field 

office information which shows or may show a violation of any provision of the Act, regulations, or instructions and information on any instructions which 

have been issued to agency personnel by Service personnel or by any other person which are inconsistent with the Act, regulations, or instructions. 

(6) Conflict of interest -

(i) General. Each agency and any officer, director, stockholder, employee, or other related entity shall not have a conflict of interest, as 

defined in Section 11 of the Act and § 800.199 of the regulations. A conflict of interest may be waived pursuant to § 800.199(d). The agency 

shall advise the Service immediately of any proposed change in name, ownership, officers or directors, or control of the agency and, if a 

trust, any change affecting the trust agreement. eCFR :: 7 CFR 800.199 -- Conflict-of-interest provisions.

(ii) Unofficial activities. Except as provided in § 800.76(a), the agency or personnel employed by the agency shall not perform any unofficial 

service that is the same as the official services covered by the designation. eCFR :: 7 CFR 800.76 -- Prohibited services; restricted services.

(7) Facilities and equipment -

(i) General. The laboratory and office facilities of each agency shall be: Located; equipped; and large enough so that 

requested services are provided in an orderly and timely manner. 

(ii) Equipment testing. Each agency shall test the equipment it uses for official services according to the instructions. 

(8) Security. Each agency shall provide sufficient security to ensure that official samples, records, equipment, and forms are reasonably secure from 

theft, alteration, or misuse. 
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §800.196 (continued)

§ 800.196 Designations. eCFR :: 7 CFR 800.196 -- Designations.

(9) Certificate control system. Each agency shall establish a certificate control system for all official certificates it receives, issues, voids, or otherwise 

renders useless. The system shall provide for 

(i) recording the numbers of the official certificates printed or received; 

(ii) protecting unused certificates from fraudulent or unauthorized use; and 

(iii) maintaining a file copy of each certificate issued, voided, or otherwise rendered useless in a manner that would permit retrieval. 

(10) Records. Each agency shall maintain the records specified in §§ 800.145 through 800.159. eCFR :: 7 CFR Part 800 - Official Records and Forms (General)

(h) Termination and renewal -

(1) Triennial -

(i) Termination. A designation shall terminate at a time specified by the Administrator, but not later than 5 years after the effective date of 

the designation. A notice of termination shall be issued by the Service to a designated agency at least 120 calendar days in advance of the 

termination date. The notice shall provide instructions for requesting renewal of the designation. Failure to receive a notice from the 

Service shall not exempt a designated agency from the responsibility of having its designation renewed on or before the specified 

termination date. 

(ii) Renewal. Designations may be renewed, upon application, in accordance with criteria and procedures for designation prescribed in 

section 7(f) of the Act and this section of the regulations. The Administrator may decline to renew a designation if: 

(A) The requesting agency fails to meet or comply with any of the criteria for designation set forth in the Act, regulations, and 

instructions, of 

(B) The Administrator determines that another qualified applicant is better able to provide official services in the assigned 

area. 

(2) Automatic termination. Failure to pay the user fees prescribed by the Service for supervisory costs related to official inspection and weighing services 

within 30 days after due shall result in the automatic termination of the designation. The designation shall be reinstated if fees currently due, plus interest 

and any further expenses incurred by the Service because of the termination, are paid within 60 days after the termination. 
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §800.196 (continued)

§ 800.196 Designations. eCFR :: 7 CFR 800.196 -- Designations.

(3) Voluntary cancellation. An agency may request that its designation be canceled by giving 90 days written notice to the Service. (4) Suspension or 

revocation of designation. 

(4)Suspension or revocation of designation.

(i) General. A designation is subject to suspension or revocation, under section 7(g)(3) of the Act, by the Service, whenever the 

Administrator determines that: 

(A) The agency has failed to meet one or more of the criteria specified in section 7(f) of the Act or the regulations for the 

performance of official functions, or otherwise has not complied with any provision of the Act, regulations, or instructions, or

(B) Has been convicted of any violation of other Federal law involving the handling or official inspection of grain. 

(ii) Summary suspension. The Service may, without first affording the agency (hereafter referred to in this paragraph as the “respondent”) 

an opportunity for a hearing, suspend a designation or refuse to reinstate a designation when the suspension period has expired, pending 

final determination of the proceeding whenever the Service 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 and weighing system. A suspension or refusal to reinstate a 

suspended designation shall be effective upon the respondent's receipt of a notice from the Service. Within 30 calendar days following the 

issuance of a notice of such action, the Service shall afford the respondent an opportunity for a hearing under paragraph (h)(4)(iii) of this 

section. The Service may terminate the action if it finds that alternative managerial, staffing, financial, or operational arrangements 

satisfactory to the Service can be and are made by the respondent. 

(iii) Other than summary suspension. Except as provided in paragraph (h)(4)(ii) of the section, before the Service revokes or suspends a 

designation, the respondent shall be: (A) Notified by the Service of the proposed action and the reason(s) therefor, and (B) afforded an 

opportunity for a hearing in accordance with the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary 

Under Various Statutes (7 CFR part 1, subpart H). Before initiating formal adjudicatory proceedings, the Service may, at its discretion, afford 

the respondent an opportunity to present its views on the proposed action and the reason(s) therefor in an informal conference. If, as a 

result of the informal conference, a consent agreement is reached, no formal adjudicatory proceedings shall be initiated. 

(i) Provision of services following suspension or termination. If the designation of an agency is suspended, terminated, or the renewal of a designation is not granted, 

the Service shall attempt, upon a finding of need, to arrange for a replacement agency. If a qualified replacement agency cannot be designated on a timely basis, a 

qualified agency, if available, shall be designated on an interim basis. If a qualified agency is not available on an interim basis, the Service shall provide needed services 

on an interim basis.
USGSA Designation Criteria

Designation Criteria Under the USGSA and Regulations §800.196 (continued)

§ 800.196 Designations. eCFR :: 7 CFR 800.196 -- Designations.

(3) Voluntary cancellation. An agency may request that its designation be canceled by giving 90 days written notice to the Service. (4) Suspension or 

revocation of designation. 

(4)Suspension or revocation of designation.

(i) General. A designation is subject to suspension or revocation, under section 7(g)(3) of the Act, by the Service, whenever the 

Administrator determines that: 

(A) The agency has failed to meet one or more of the criteria specified in section 7(f) of the Act or the regulations for the 

performance of official functions, or otherwise has not complied with any provision of the Act, regulations, or instructions, or

(B) Has been convicted of any violation of other Federal law involving the handling or official inspection of grain. 

(ii) Summary suspension. The Service may, without first affording the agency (hereafter referred to in this paragraph as the “respondent”) 

an opportunity for a hearing, suspend a designation or refuse to reinstate a designation when the suspension period has expired, pending 

final determination of the proceeding whenever the Service 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 and weighing system. A suspension or refusal to reinstate a 

suspended designation shall be effective upon the respondent's receipt of a notice from the Service. Within 30 calendar days following the 

issuance of a notice of such action, the Service shall afford the respondent an opportunity for a hearing under paragraph (h)(4)(iii) of this 

section. The Service may terminate the action if it finds that alternative managerial, staffing, financial, or operational arrangements 

satisfactory to the Service can be and are made by the respondent. 

(iii) Other than summary suspension. Except as provided in paragraph (h)(4)(ii) of the section, before the Service revokes or suspends a 

designation, the respondent shall be: (A) Notified by the Service of the proposed action and the reason(s) therefor, and (B) afforded an 

opportunity for a hearing in accordance with the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary 

Under Various Statutes (7 CFR part 1, subpart H). Before initiating formal adjudicatory proceedings, the Service may, at its discretion, afford 

the respondent an opportunity to present its views on the proposed action and the reason(s) therefor in an informal conference. If, as a 

result of the informal conference, a consent agreement is reached, no formal adjudicatory proceedings shall be initiated. 

(i) Provision of services following suspension or termination. If the designation of an agency is suspended, terminated, or the renewal of a designation is not granted, 

the Service shall attempt, upon a finding of need, to arrange for a replacement agency. If a qualified replacement agency cannot be designated on a timely basis, a 

qualified agency, if available, shall be designated on an interim basis. If a qualified agency is not available on an interim basis, the Service shall provide needed services 

on an interim basis.
Duties of Official Personnel

Duties of Official Personnel §800.185

§ 800.185 Duties of official personnel and warehouse samplers.

(a) General. Official personnel and warehouse samplers shall, when performing official services or duties under the Act, comply with the Act, the regulations, and the 

instructions. 

(b) Inspection and weighing services. Official personnel shall perform requested official inspection and Class X and Class Y weighing services 

(1) without discrimination, 

(2) as soon as practicable, and 

(3) in accordance with methods and procedures prescribed in the instructions. 

(c) Sealing carriers or containers. Upon request, or in accordance with the instructions, official personnel shall 

(1) when feasible, affix security seals to doors, hatch covers, and similar openings on carriers or containers that contain grain that has been officially 

inspected or Class X or Class Y weighed under the Act and 

(2) show seal records on certificates and other official forms in accordance with the provisions of § 800.161. 

(d) Scope of operations. Official personnel and warehouse samplers shall operate only within the scope of their license or authorization and except as otherwise 

provided in § 800.117, operate only within the area of responsibility assigned to the official agency, field office, or contractor which employs them. Official personnel and 

warehouse samplers may perform official inspection or weighing services in a different area of responsibility with the specific consent of the Service. 

(e) Working materials. Official personnel and warehouse samplers shall be responsible for maintaining a working knowledge of the applicable provisions of the Act, the 

regulations, the Official U.S. Standards for Grain, the instructions, and all amendments and revisions thereto. 

(f) Observation of services. Official personnel and warehouse samplers shall permit any person (or the person's agent) who has a financial interest in grain that is being 

inspected or weighed under the Act, or in equipment that is being tested under the Act, to observe the performance of any or all official inspection, or Class X or Class Y 

weighing. Appropriate areas in the elevator may be specified by the Service in conjunction with the elevator management for observing each service. The areas shall be 

safe, shall afford a clear and unobstructed view of the performance of the services, but shall not permit a close over-the-shoulder type of observation by the interested 

person or the person's agent. 

(g) Reporting violations. Official personnel and warehouse samplers shall in accordance with the instructions promptly report (1) information which shows or tends to 

show a violation of any provision of the Act, the regulations, or the instructions, and (2) information on any instructions which have been issued to them by any official 

personnel or other persons which are contrary to the Act, the regulations, or the instructions. 
Duties of Official Personnel

Duties of Official Personnel §800.185 (continued)

§ 800.185 Duties of official personnel and warehouse samplers.

(h) Related duties. Official personnel and warehouse samplers shall, when practicable, assist in training other employees who desire to become licensed. 

(i) Instructions by Service. Official personnel and warehouse samplers shall carry out all written instructions or oral directives issued to them by the Service and, upon 

request, inform the Service regarding inspection, weighing, or equipment testing services performed by them. Oral directives from the Service not found in written 

instructions shall be confirmed in writing, upon request.
Standards of Conduct

Standards of Conduct for Official Personnel §800.186

§ 800.186 Standards of conduct.

(a) General. Official personnel and warehouse samplers must maintain high standards of honesty, integrity, and impartiality to assure proper performance of their 

duties and responsibilities and to maintain public confidence in the services provided by them. 

(b) Prohibited conduct; official personnel and warehouse samplers. No official personnel or warehouse sampler shall: 

(1) Perform any official inspection, Class X or Class Y weighing, or equipment testing service unless licensed or authorized to do so; 

(2) Engage in criminal, dishonest, or notoriously disgraceful conduct, or other conduct prejudicial to the Department or the Service; 

(3) Report for duty in an intoxicated or drugged condition, or consume intoxicating beverages or incapacitating drugs while on duty; 

(4) Smoke in prohibited areas in elevators or perform official services in an unsafe manner that could endanger official personnel working on or about the 

premises; 

(5) Make unwarranted criticisms or accusations against other official personnel, warehouse samplers, or employees of the Department; and 

(6) Refuse to testify or respond to questions in connection with official inquiries or investigations. 

(7) Coerce or attempt to coerce any person into providing any special or undue benefit to official personnel, approved weighers, or warehouse samplers.

(c) Prohibited conduct; official personnel. In addition to the conduct prohibited by paragraph (b) of this section, no official personnel shall: 

(1) Solicit contributions from other official personnel or warehouse samplers for an employee of the Service, or make such a contribution. Nothing in this 

paragraph shall preclude the occasional voluntary giving or acceptance of gifts of a nominal value on special occasions; 

(2) Take any action that might 

(i) create the appearance of a loss of impartiality or 

(ii) adversely affect the confidence of the public in the integrity of the inspection, weighing, or equipment testing services performed under 

the Act; 
Standards of Conduct

Standards of Conduct for Official Personnel §800.186 (continued)

§ 800.186 Standards of conduct.

(3) Except as provided in § 800.76(a), engage in any outside (unofficial) work or activity that: eCFR :: 7 CFR 800.76 -- Prohibited services; restricted services.

(i) May impair their efficiency in performing official functions; or 

(ii) Consists in whole or in part of unofficial acts of sampling, stowage examination, inspection testing, equipment testing, inspection, or 

weighing services similar to the official services for which the employing agency is designated; or 

(iii) May result in the acquisition of property interests that could create a conflict of interest as defined in 

section 11 of the Act; or 

(iv) May tend to bring criticism on or otherwise embarrass the Department or the Service; 

(4) Issue to other official personnel, warehouse samplers, or approved weighers any instructions or directives inconsistent with the Act, the regulations, 

the Official U.S. Standards for Grain, or the instructions; 

(5) Organize or help establish a general or specialized farm organization, or act as an officer or business agency in, recruit members for, or accept office 

space or contributions from such an organization; 

(6) Advocate that any general or specialized farm organization better represents the interest of farmers than any other organization or individual, or 

recommend that the responsibilities of any government agency be carried out through a general or specialized farm organization. Nothing in paragraph 

(c)(5) of this section shall prevent official personnel from holding membership in a general or specialized farm organization or prohibit official personnel 

from participating in the operation of local groups or organizations that conduct government-authorized programs.
Prohibited Acts

Prohibited Acts Under the USGSA §87b.

§87b. Prohibited acts

(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;
Prohibited Acts

Prohibited Acts Under the USGSA §87b. (continued)

§87b. Prohibited acts

(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; 7 USC Ch. 3: GRAIN STANDARDS (house.gov)

(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);

(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.
Prohibited Acts

Prohibited Acts Under the USGSA §87b. (continued)

§87b. Prohibited acts

(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.
Prohibited Acts

Prohibited Acts Under the USGSA §87b. (continued)

§87b. Prohibited acts

(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.