Collapse to view only § 79b. Testing of equipment
- § 71. Short title
- §§ 72, 73. Omitted
- § 74. Congressional findings and declaration of policy
- § 75. Definitions
- § 75a. Repealed.
- § 75b. Omitted
- § 76. Standards and procedures; establishment, amendment, and revocation
- § 77. Official inspection and weighing requirements; waiver; supervision by representatives of Secretary
- § 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States
- § 79. Official inspection
- § 79a. Weighing authority
- § 79b. Testing of equipment
- § 79c. Omitted
- § 79d. Limitation on administrative and supervisory costs
- §§ 80 to 83. Omitted
- § 84. Licensing of inspectors
- § 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension
- § 86. Refusal of inspection and weighing services; civil penalties
- § 87. Conflicts of interest
- § 87a. Records
- § 87b. Prohibited acts
- § 87c. Criminal penalties
- § 87d. Responsibility for acts of others
- § 87e. General authorities
- § 87e-1. Repealed.
- § 87f. Enforcement provisions
- § 87f-1. Registration requirements
- § 87f-2. Reporting requirements
- § 87g. Relation to State and local laws; separability
- § 87h. Funding
- § 87i. Omitted
- § 87j. Advisory committee
- § 87k. Standardizing commercial inspections
§ 71. Short title
This chapter may be cited as the “United States Grain Standards Act”.
(Aug. 11, 1916, ch. 313, pt. B, § 1, 39 Stat. 482; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 761.)
§§ 72, 73. Omitted
§ 74. Congressional findings and declaration of policy
(a) Grain is an essential source of the world’s total supply of human food and animal feed and is merchandised in interstate and foreign commerce. It is declared to be the policy of the Congress, for the promotion and protection of such commerce in the interests of producers, merchandisers, warehousemen, processors, and consumers of grain, and the general welfare of the people of the United States, to provide for the establishment of official United States standards for grain, to promote the uniform application thereof by official inspection personnel, to provide for an official inspection system for grain, and to regulate the weighing and the certification of the weight of grain shipped in interstate or foreign commerce in the manner hereinafter provided; with the objectives that grain may be marketed in an orderly and timely manner and that trading in grain may be facilitated. It is hereby found that all grain and other articles and transactions in grain regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce and that regulation thereof as provided in this chapter is necessary to prevent or eliminate burdens on such commerce and to regulate effectively such commerce.
(b) It is also declared to be the policy of Congress—
(1) to promote the marketing of grain of high quality to both domestic and foreign buyers;
(2) that the primary objective of the official United States standards for grain is to certify the quality of grain as accurately as practicable; and
(3) that official United States standards for grain shall—
(A) define uniform and accepted descriptive terms to facilitate trade in grain;
(B) provide information to aid in determining grain storability;
(C) offer users of such standards the best possible information from which to determine end-product yield and quality of grain;
(D) provide the framework necessary for markets to establish grain quality improvement incentives;
(E) reflect the economic value-based characteristics in the end uses of grain; and
(F) accommodate scientific advances in testing and new knowledge concerning factors related to, or highly correlated with, the end use performance of grain.
(Aug. 11, 1916, ch. 313, pt. B, § 2, 39 Stat. 482; July 18, 1940, ch. 636, 54 Stat. 765; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 761; Pub. L. 94–582, § 2, Oct. 21, 1976, 90 Stat. 2867; Pub. L. 99–641, title III, § 302, Nov. 10, 1986, 100 Stat. 3564; Pub. L. 101–624, title XX, § 2004, Nov. 28, 1990, 104 Stat. 3929.)
§ 75. Definitions
When used in this chapter, except where the context requires otherwise—
(a) the term “Secretary” means the Secretary of Agriculture of the United States or delegates of the Secretary;
(b) the term “Department of Agriculture” means the United States Department of Agriculture;
(c) the term “person” means any individual, partnership, corporation, association, or other business entity;
(d) the term “United States” means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia);
(e) the term “State” means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia);
(f) the term “interstate or foreign commerce” means commerce from any State to or through any other State, or to or through any foreign country;
(g) the term “grain” means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under section 76 of this title;
(h) the term “export grain” means grain for shipment from the United States to any place outside thereof;
(i) the term “official inspection” means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or other facts relating to grain under other criteria approved by the Secretary under this chapter (the term “officially inspected” shall be construed accordingly);
(j) the term “official inspection personnel” means persons licensed or otherwise authorized by the Secretary pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing;
(k) the term “official mark” means any symbol prescribed by regulations of the Secretary to show the official determination of official inspection or official weighing;
(l) the term “official grade designation” means a numerical or sample grade designation, specified in the standards relating to kind, class, quality, and condition of grain, provided for in this chapter;
(m) the term “official agency” means any State or local governmental agency, or any person, designated by the Secretary pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing);
(n) the terms “official certificate” and “official form” mean, respectively, a certificate or other form prescribed by regulations of the Secretary under this chapter;
(o) the term “official sample” means a sample obtained from a lot of grain by, and submitted for official inspection by, official inspection personnel (the term “official sampling” shall be construed accordingly);
(p) the term “submitted sample” means a sample submitted by or for an interested person for official inspection, other than an official sample;
(q) the term “lot” means a specific quantity of grain identified as such;
(r) the term “interested person” means any person having a contract or other financial interest in grain as the owner, seller, purchaser, warehouseman, or carrier, or otherwise;
(s) the verb “ship” with respect to grain means transfer physical possession of the grain to another person for the purpose of transportation by any means of conveyance, or transport one’s own grain by any means of conveyance;
(t) the terms “false”, “incorrect”, and “misleading” mean, respectively, false, incorrect, and misleading in any particular;
(u) the term “deceptive loading, handling, weighing, or sampling” means any manner of loading, handling, weighing, or sampling that deceives or tends to deceive official inspection personnel, as specified by regulations of the Secretary under this chapter;
(v) the term “export elevator” means any grain elevator, warehouse, or other storage or handling facility in the United States as determined by the Secretary, from which grain is shipped from the United States to an area outside thereof;
(w) the term “export port location” means a commonly recognized port of export in the United States or Canada, as determined by the Secretary, from which grain produced in the United States is shipped to any place outside the United States;
(x) the term “official weighing” means the determination and certification by official inspection personnel of the quantity of a lot of grain under standards provided for in this chapter, based on the actual performance of weighing or the physical supervision thereof, including the physical inspection and testing for accuracy of the weights and scales and the physical inspection of the premises at which the weighing is performed and the monitoring of the discharge of grain into the elevator or conveyance (the terms “officially weigh” and “officially weighed” shall be construed accordingly);
(y) the term “supervision of weighing” means such supervision by official inspection personnel of the grain-weighing process as is determined by the Secretary to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance; and
(z) the term “intracompany shipment” means the shipment, within the United States, of grain lots between facilities owned or controlled by the person owning the grain. The shipment of grain owned by a cooperative, from a facility owned by that cooperative, to an export facility which it jointly owns with other cooperatives, qualifies as an intracompany shipment.
(Aug. 11, 1916, ch. 313, pt. B, § 3, 39 Stat. 483; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 761; Pub. L. 94–582, § 3, Oct. 21, 1976, 90 Stat. 2867; Pub. L. 95–113, title XVI, §§ 1604(a), 1606(a), Sept. 29, 1977, 91 Stat. 1026, 1030; Pub. L. 96–437, § 1, Oct. 13, 1980, 94 Stat. 1870; Pub. L. 102–237, title X, § 1007(1), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103–156, § 12(a), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(1), (7), Oct. 13, 1994, 108 Stat. 3237.)
§ 75a. Repealed. Pub. L. 103–354, title II, § 293(a)(2), Oct. 13, 1994, 108 Stat. 3237
§ 75b. Omitted
§ 76. Standards and procedures; establishment, amendment, and revocation
(a) Authority of Secretary
(b) Notice and opportunity for comment; standards regarding cleanliness of grain
(1) Before establishing, amending, or revoking any standards under this chapter, the Secretary shall publish notice of the proposals and give interested persons opportunity to submit data, views, and arguments thereon and, upon request, an opportunity to present data, views, and arguments orally in an informal manner. No standards established or amendments or revocations of standards under this chapter shall become effective less than one calendar year after promulgation thereof, unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner.
(2)
(A)
(i) If the Secretary determines that the establishment or amendment of standards regarding cleanliness conditions of wheat, corn, barley, sorghum and soybeans that meet the requirements for grade number 3 or better (as set forth in subparagraph (B)) would—(I) enhance the competitiveness of exports of wheat, corn, barley, sorghum and soybeans from the United States with wheat, corn, barley, sorghum and soybean exports marketed by other major exporters;(II) result in the maintenance or expansion of the United States export market share for wheat, corn, barley, sorghum and soybeans;(III) result in the maintenance or increase of United States producer income; and(IV) be in the interest of United States agriculture, taking into consideration technical constraints, economic benefits and costs to producers and industry, price competitiveness, and importer needs;
the Secretary shall establish or amend the standards to include economically and commercially practical levels of cleanliness for wheat, corn, barley, sorghum and soybeans.
(ii) The Secretary shall make a finding under this subsection for grain of the type described in clause (i) as soon as practicable after November 28, 1990.
(B)
(i) In establishing requirements for cleanliness characteristics, the Secretary shall—(I) consider technical constraints, economic benefits and costs to producers and industry, the price competitiveness of United States agricultural production, and levels of cleanliness met by major competing nations that export wheat, corn, barley, sorghum and soybeans;(II) promulgate regulations after providing for notice and an opportunity for public comment; and(III) phase in any requirements for cleanliness characteristics by incrementally decreasing the levels of the objectionable material permitted in shipments of grade number 3 or better wheat, corn, barley, sorghum and soybeans.
(ii) Following the phase-in period referred to in clause (i)(III), subsequent revision of cleanliness requirements shall be conducted consistent with the schedule of the Secretary for reviewing grain standards.
(C) If the Secretary determines to establish requirements for cleanliness characteristics under this section, the Secretary shall ensure that such requirements are fully implemented not later than 6 years after November 28, 1990.
(c) Grade determining factors related to physical soundness and purity; notice and opportunity for comment
(1) In establishing standards under subsection (a) for each grain for which official grades are established, the Secretary shall establish for each such grain official grade-determining factors and factor limits that reflect the levels of soundness and purity that are consistent with end-use performance goals of the major foreign and domestic users of each such grain. Such factors and factor limits for grades number 3 and better shall provide users of such standards the best possible information from which to determine end-use product quality. The Secretary shall establish factors and factor limits that will provide that grain meeting the requirements for grades number 3 and better will perform in accordance with general trade expectations for the predominant uses of such grain.
(2) In establishing factors and factor limits under paragraph (1), the Secretary shall provide for notice and an opportunity for public comment prior to making changes in the grade-determining factors and factor limits that shall be applicable under this section to grain that is officially graded.
(d) Moisture span criterion
(Aug. 11, 1916, ch. 313, pt. B, § 4, 39 Stat. 483; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 762; Pub. L. 94–582, § 5, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95–113, title XVI, § 1604(c), Sept. 29, 1977, 91 Stat. 1027; Pub. L. 99–198, title XVI, § 1671, Dec. 23, 1985, 99 Stat. 1632; Pub. L. 101–624, title XX, §§ 2005, 2006, Nov. 28, 1990, 104 Stat. 3930; Pub. L. 103–156, § 12(b), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 116–216, § 9, Dec. 11, 2020, 134 Stat. 1051.)
§ 77. Official inspection and weighing requirements; waiver; supervision by representatives of Secretary
(a) Official samples and certificates; waiver; excepted grainsWhenever standards or procedures are effective under section 76 of this title for any grain—
(1) no person shall ship from the United States to any place outside thereof any lot of such grain, unless such lot is officially weighed and officially inspected in accordance with such standards or procedures, and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or the agent of the shipper, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Secretary shall waive the foregoing requirement in emergency or other circumstances that would not impair the objectives of this chapter whenever the parties to a contract for such shipment mutually agree to the waiver and documentation of such agreement is provided to the Secretary prior to shipment: Provided further, That the Secretary shall waive the requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Secretary prior to shipment;
(2) except as the Secretary may provide in emergency or other circumstances which would not impair the objectives of this chapter, all other grain transferred out of and all grain transferred into an export elevator at an export port location shall be officially weighed in accordance with such standards or procedure: Provided, That, unless the shipper or receiver requests that the grain be officially weighed, shipments of grain into an export elevator by any mode of transportation and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed; and
(3) except as otherwise authorized by the Secretary, whenever a lot of grain is both officially inspected and officially weighed while being transferred into or out of a grain elevator, warehouse, or other storage or handling facility, an official certificate shall be issued showing both the official grade designation and the certified weight of the lot of grain.
(b) Supervision by representatives of Secretary
(c) Testing for aflatoxin contamination of corn shipped in foreign commerce
(d) Disruption in grain inspection or weighingIn the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall—
(1) immediately take such actions as are necessary to address the disruption and resume inspections or weighings;
(2) not later than 24 hours after the start of the disruption in inspection or weighing, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes—
(A) the disruption; and
(B) any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and
(3) once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed.
(Aug. 11, 1916, ch. 313, pt. B, § 5, 39 Stat. 483; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94–582, § 6, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95–113, title XVI, § 1606(b), Sept. 29, 1977, 91 Stat. 1030; Pub. L. 96–437, § 2, Oct. 13, 1980, 94 Stat. 1870; Pub. L. 101–624, title XX, § 2007, Nov. 28, 1990, 104 Stat. 3931; Pub. L. 103–156, § 12(c), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(3), (7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 101, Nov. 9, 2000, 114 Stat. 2059; Pub. L. 114–54, title III, § 301(a), Sept. 30, 2015, 129 Stat. 516.)
§ 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States
(a) Whenever standards relating to kind, class, quality, or condition of grain are effective under section 76 of this title for any grain no person shall in any sale, offer for sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade., That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade.
(b) No person shall, in any sale, offer for sale, or consignment for sale, of any grain which involves the shipment of such grain from the United States to any place outside thereof, knowingly describe such grain by any official grade designation, or other description, which is false or misleading.
(Aug. 11, 1916, ch. 313, pt. B, § 6, 39 Stat. 484; Pub. L. 85–509, July 11, 1958, 72 Stat. 352; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94–582, § 7, Oct. 21, 1976, 90 Stat. 2870; Pub. L. 95–113, title XVI, § 1606(c), Sept. 29, 1977, 91 Stat. 1030.)
§ 79. Official inspection
(a) Grain required to be officially inspected
(b) Inspections made pursuant to request of interested persons
(c) Reinspections and appeals; cancellation of superseded certificates; sale of samples
(d) Official certificates as evidence
(e) Official inspection at export port locations; delegation of authority to State agencies
(1) Except as otherwise provided in paragraph (2) of this subsection, the Secretary shall cause official inspection at export port locations, for all grain required or authorized to be inspected by this chapter, to be performed by official inspection personnel employed by the Secretary or other persons under contract with the Secretary as provided in section 84 of this title.
(2)Delegation of authority to state agencies.—
(A)In general.—If the Secretary determines, pursuant to paragraph (3) of this subsection, that a State agency is qualified to perform official inspection, meets the criteria in subsection (f)(1)(A) of this section, and (i) was performing official inspection at an export port location under this chapter on July 1, 1976, or (ii)(I) performed official inspection at an export port location at any time prior to July 1, 1976, (II) was designated under subsection (f) of this section on December 22, 1982, to perform official inspections at locations other than export port locations, and (III) operates in a State from which total annual exports of grain do not exceed, as determined by the Secretary, 5 per centum of the total amount of grain exported from the United States annually, the Secretary may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) at export port locations within the State, including export port locations which may in the future be established, subject to such rules, regulations, instructions, and oversight as the Secretary may prescribe, and any such official inspection shall continue to be the direct responsibility of the Secretary. Any such delegation may be revoked by the Secretary, at the discretion of the Secretary, at any time upon notice to the State agency without opportunity for a hearing.
(B)Certification.—
(i)In general.—Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A).
(ii)Process.—Not later than 1 year after September 30, 2015, the Secretary shall establish a process for certification under which the Secretary shall—(I) publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment;(II) evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified;(III) make findings based on the public comments received and investigation conducted; and(IV) publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision.
(C)State agency requirements.—
(i)In general.—If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary and affected customers or applicants for service of official inspection or weighing services provided by the State agency in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date.
(ii)Secretarial consideration.—The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph.
(3) Prior to delegating authority to a State agency for the performance of official inspection at export port locations pursuant to paragraph (2) of this subsection, the Secretary shall (A) conduct an investigation to determine whether such agency is qualified, and (B) make findings based on such investigation. In conducting the investigation, the Secretary shall consult with, and review the available files of the Department of Justice, the Office of Investigation of the Department of Agriculture (or such other organization or agency within the Department of Agriculture which may be delegated the authority, in lieu thereof, to conduct investigations on behalf of the Department of Agriculture), and the Government Accountability Office.
(4) The Secretary may provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States shall be inspected in the manner provided in this subsection or subsection (f) of this section, as the Secretary determines will best meet the objectives of this chapter.
(f) Official inspections at other than export port locations; designation of agencies or persons to conduct official inspections
(1) With respect to official inspections other than at export port locations, the Secretary is authorized, upon application by any State or local governmental agency, or any person, to designate such agency or person as an official agency for the conduct of all or specified functions involved in official inspection (other than appeal inspection) at locations where the Secretary determines official inspection is needed, if—
(A) the agency or person shows to the satisfaction of the Secretary that such agency or person—
(i) has adequate facilities and qualified personnel for the performance of such official inspection functions;
(ii) will provide for the periodic rotation of official inspection personnel among the grain elevators, warehouses, or other storage or handling facilities at which the State or person provides official inspection, as is necessary to preserve the integrity of the official inspection service;
(iii) will meet training requirements and personnel standards established by the Secretary under section 84(g) of this title;
(iv) will otherwise conduct such training and provide such supervision of its personnel as are necessary to assure that they will provide official inspection in accordance with this chapter and the regulations and instructions thereunder;
(v) will not charge official inspection fees that are discriminatory or unreasonable;
(vi) if a State or local governmental agency, will not use any moneys collected pursuant to the charging of fees for any purpose other than the maintenance of the official inspection operation of the State or local governmental agency;
(vii) and any related entities do not have a conflict of interest prohibited by section 87 of this title;
(viii) will maintain complete and accurate records of its organization, staffing, official activities, and fiscal operations, and such other records as the Secretary may require by regulation;
(ix) if a State or local governmental agency, will employ personnel on the basis of job qualifications rather than political affiliations;
(x) will comply with all provisions of this chapter and the regulations and instructions thereunder; and
(xi) meets other criteria established in regulations issued under this chapter relating to official functions under this chapter;
(B) the Secretary determines that the applicant is better able than any other applicant to provide official inspection service; and
(C) the Secretary—
(i) periodically conducts a consultation with the customers of the applicant, in a manner that provides opportunity for protection of the identity of the customer if desired by the customer, to review the performance of the applicant with regard to the provision of official inspection services and other requirements of this chapter; and
(ii) works with the applicant to address any concerns identified during the consultation process.
(2)Geographic boundaries for official agencies.—
(A)In general.—Subject to subparagraph (B), not more than one official agency designated under paragraph (1) or State delegated authority under subsection (e)(2) to carry out the inspection provisions of this chapter shall be operative at the same time in any geographic area defined by the Secretary.
(B)Exceptions.—Subject to subsection (g)(4)(A), if the Secretary determines that the presence of more than one designated official agency in the same geographic area will not undermine the policy stated in section 74 of this title, the Secretary shall allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if—
(i) the current designated official agency for that geographic area is unable to provide inspection services in a timely manner;
(ii) a person requesting inspection services in that geographic area has not been receiving official inspection services from the current designated official agency for that geographic area;
(iii) a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot basis; or
(iv) the current official agency for that geographic area agrees in writing with the adjacent official agency to waive the current geographic area restriction at the request of the applicant for service.
(C)Termination of nonuse of service exception.—The exception under subparagraph (B)(ii) may only be terminated if all parties to that exception jointly agree on the termination, unless terminated according to subsection (g)(4)(A).
(D)Restoration of certain exceptions.—
(i)Definition of eligible grain handling facility.—In this subparagraph, the term “eligible grain handling facility” means a grain handling facility that—(I) was granted an exception under the final rule entitled “Exceptions to Geographic Areas for Official Agencies Under the USGSA” (68 Fed. Reg. 19137 (April 18, 2003)); and(II) had that exception revoked between September 30, 2015, and December 20, 2018.
(ii)Restoration of exceptions.—Within 90 days of notification from an eligible grain handling facility, the Secretary shall restore an exception described in clause (i)(I) with an official agency if—(I) the eligible grain handling facility and the former excepted official agency agree to restore that exception; and(II) the eligible grain handling facility notifies the Secretary of the preferred date for restoration of the exception within 90 days of December 20, 2018.
(3) Except as authorized by the Secretary, no official agency or State delegated authority pursuant to subsection (e)(2) of this section shall officially inspect under this chapter any official or other sample drawn from a lot of grain and submitted for inspection unless such lot of grain is physically located within the geographic area assigned to the agency by the Secretary at the time such sample is drawn.
(4) No State or local governmental agency or person shall provide any official inspection for the purposes of this chapter except pursuant to an unsuspended and unrevoked delegation of authority or designation by the Secretary, as provided in this section, or as provided in section 84(a) of this title.
(g) Termination, renewal, amendment, cancellation, and revocation of designations of official agencies
(1) Designations of official agencies shall terminate at such time as specified by the Secretary but not later than every 5 years and may be renewed in accordance with the criteria and procedure prescribed in subsection (f) of this section.
(2) A designation of an official agency may be amended at any time upon application by the official agency if the Secretary determines that the amendment will be consistent with the provisions and objectives of this chapter; and a designation will be cancelled upon request by the official agency with ninety days written notice to the Secretary. A fee as prescribed by regulations of the Secretary shall be paid by the official agency to the Secretary for each such amendment, to cover the costs incurred by the Secretary in connection therewith, and it shall be deposited in the fund created in subsection (j) of this section.
(3) The Secretary may revoke a designation of an official agency whenever, after opportunity for hearing is afforded the agency, the Secretary determines that the agency has failed to meet one or more of the criteria specified in subsection (f) of this section or the regulations under this chapter for the performance of official functions, or otherwise has not complied with any provision of this chapter or any regulation prescribed or instruction issued to such agency under this chapter, or has been convicted of any violation of other Federal law involving the handling or official inspection of grain: Provided, That the Secretary may, without first affording the official agency an opportunity for a hearing, suspend any designation pending final determination of the proceeding whenever the Secretary has reason to believe there is cause for revocation of the designation and considers such action to be in the best interest of the official inspection system under this chapter. The Secretary shall afford any such agency an opportunity for a hearing within thirty days after temporarily suspending such designation.
(4)Effect on exceptions.—
(A)In general.—The exceptions under clauses (ii) and (iv) of subsection (f)(2)(B) shall not apply if the designation of an official agency is terminated, pursuant to paragraph (1).
(B)Designation renewed or restored.—If the designation of an official agency is renewed or restored after being terminated under paragraph (1), the Secretary may renew or restore the exceptions under subsection (f)(2)(B) in accordance with that subsection.
(h) Official inspections at locations other than export port locations when designated official agencies are not available
(i) Official inspections in Canadian ports
(j) Fees
(1)Inspection fees.—
(A)In general.—The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Secretary incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority.
(B)Amount of fees.—The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Secretary incident to its 1
1 So in original. Probably should be “the Secretary’s”.
performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official inspection of grain.(C)Use of fees.—Fees described in this paragraph, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this chapter.
(D)Export tonnage fees.—For an official inspection at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.
(2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the estimated costs incurred by the Secretary relating to supervision of official agency personnel and supervision by the Secretary of the Secretary’s field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 85, 86, and 87c of this title. The fees shall be payable after the services are performed at such times as specified by the Secretary and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Secretary, of the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per anspan as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum.
(3) Any sums collected or received by the Secretary under this chapter and deposited to the fund created in paragraph (1) of this subsection and any late payment penalties collected by the Secretary and credited to such fund may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. The interest earned on such sums and any late payment penalties collected by the Secretary shall be credited to the fund and shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this chapter.
(4)Adjustment of fees.—In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.
(5) The duties imposed by paragraph (2) on designated official agencies and State agencies described in such paragraph and the investment authority provided by paragraph (3) shall expire on September 30, 2025. After that date, the fees established by the Secretary pursuant to paragraph (1) shall not cover administrative and supervisory costs related to the official inspection of grain.
(Aug. 11, 1916, ch. 313, pt. B, § 7, 39 Stat. 484; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94–582, § 8, formerly § 8(a), Oct. 21, 1976, 90 Stat. 2870, renumbered Pub. L. 106–472, title I, § 110(a)(1), Nov. 9, 2000, 114 Stat. 2060; Pub. L. 95–113, title XVI, §§ 1602(a), 1604(d), 1606(d), Sept. 29, 1977, 91 Stat. 1025, 1027, 1030; Pub. L. 97–35, title I, § 155(1), Aug. 13, 1981, 95 Stat. 371; Pub. L. 97–98, title IX, § 1113(a), Dec. 22, 1981, 95 Stat. 1268; Pub. L. 98–469, § 2(1), Oct. 11, 1984, 98 Stat. 1831; Pub. L. 100–518, § 2(1), Oct. 24, 1988, 102 Stat. 2584; Pub. L. 103–156, §§ 4(a), 5(a), 12(d), 14(a), Nov. 24, 1993, 107 Stat. 1525, 1526, 1528, 1529; Pub. L. 103–354, title II, § 293(a)(4), (7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, §§ 102(a), 103(a), Nov. 9, 2000, 114 Stat. 2059, 2060; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053; Pub. L. 114–54, title III, § 301(b)(1)–(3)(A), (4), (5), Sept. 30, 2015, 129 Stat. 517, 518; Pub. L. 115–334, title XII, § 12610(a), (c), Dec. 20, 2018, 132 Stat. 5011, 5013; Pub. L. 116–216, § 2, Dec. 11, 2020, 134 Stat. 1048.)
§ 79a. Weighing authority
(a) Official weighing in accordance with prescribed regulations
(b) Official weighing or supervision of weighing at grain elevators, warehouses, or other storage or handling facilities located other than at export elevators at export port locations
(c) Personnel performing official weighing or supervision of weighing at locations at which official inspection is provided
(1) With respect to official weighing or supervision of weighing for locations at which official inspection is provided by the Secretary, the Secretary shall cause such official weighing or supervision of weighing to be performed by official inspection personnel employed by the Secretary.
(2) With respect to official weighing or supervision of weighing for any location at which official inspection is provided other than by the Secretary, the Secretary is authorized, with respect to export port locations, to delegate authority to perform official weighing or supervision of weighing to the State agency providing official inspection service at such location, and with respect to any other location, to designate the agency or person providing official inspection service at such location to perform official weighing or supervision of weighing, if such agency or person qualifies for a delegation of authority or designation under section 79 of this title, except that where the term “official inspection” is used in such section it shall be deemed to refer to “official weighing” or “supervision of weighing” under this section. If such agency or person is not available to perform such weighing services, or the Secretary determines that such agency or person is not qualified to perform such weighing services, then (A) at export port locations official weighing or supervision of weighing shall be performed by official inspection personnel employed by the Secretary, and (B) at any other location, the Secretary is authorized to cause official weighing or supervision of weighing to be performed by official inspection personnel employed by the Secretary or designate any State or local governmental agency, or any person to perform official weighing or supervision of weighing, if such agency or person meets the same criteria that agencies must meet to be designated to perform official inspection as set out in section 79 of this title, except that where the term “official inspection” is used in such section it shall be deemed to refer to “official weighing” or “supervision of weighing” under this section. Delegations and designations made pursuant to this subsection shall be subject to the same provisions for delegations and designations set forth in subsections (e) and (g) of section 79 of this title.
(d) Official weighing in Canadian ports
(e) Official weighing or supervision of weighing upon request of operators of grain elevators, warehouses, or other storage or handling facilities
(f) Demonstrated willingness of operators of grain elevators, warehouses, or other storage or handling facilities to meet equipment and personnel requirements
(g) Official certificates as evidence
(h) Weighing prohibited when not in accordance with prescribed procedures
(i) Unauthorized weighing prohibited
(1) In general
(2) Geographic boundaries for official agencies
(A) In general
(B) Exceptions
If the Secretary determines that the presence of more than one designated official agency in the same geographic area will not undermine the policy stated in section 74 of this title, the Secretary shall allow a designated official agency to cross boundary lines to carry out weighing in another geographic area if—
(i) the current designated official agency for that geographic area is unable to provide weighing services in a timely manner;
(ii) a person requesting weighing services in that geographic area has not been receiving official weighing services from the current designated official agency for that geographic area; or
(iii) the current official agency for that geographic area agrees in writing with the adjacent official agency to waive the current geographic area restriction at the request of the applicant for service.
(C) Restoration of certain exceptions
(i) Definition of eligible grain handling facility
In this subparagraph, the term “eligible grain handling facility” means a grain handling facility that—
(I) was granted an exception under the final rule entitled “Exceptions to Geographic Areas for Official Agencies Under the USGSA” (68 Fed. Reg. 19137 (April 18, 2003)); and(II) had that exception revoked between September 30, 2015 and December 20, 2018.(ii) Restoration of exceptions
Within 90 days of notification from an eligible grain handling facility, the Secretary shall restore an exception described in clause (i)(I) with an official agency if—
(I) the eligible grain handling facility and the former excepted official agency agree to restore that exception; and(II) the eligible grain handling facility notifies the Secretary of the preferred date for restoration of the exception within 90 days of December 20, 2018.(j) Authority under United States Warehouse Act not limited
(k) Access to elevators, warehouses, or their storage or handling facilities
(l) Fees
(1)Weighing fees.—
(A)In general.—The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees to cover the estimated costs to the Secretary incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection.
(B)Amount of fees.—The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Secretary incident to performance of its 1
1 So in original. Probably should be “the Secretary’s”.
functions related to weighing, including administrative and supervisory costs directly related thereto.(C)Use of fees.—Fees described in this paragraph shall be deposited into the fund created in section 79(j) of this title.
(D)Export tonnage fees.—For an official weighing at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.
(2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the costs incurred by the Secretary relating to supervision of the agency personnel and supervision by the Secretary of the Secretary’s field office personnel incurred as a result of the functions performed by such agencies, except costs incurred under sections 79(g)(3), 85, 86, and 87c of this title. The fees shall be payable after the services are performed at such times as specified by the Secretary and shall be deposited in the fund created in section 79(j) of this title. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Secretary, of the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per anspan as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.
(3)Adjustment of fees.—In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.
(4) The authority provided to the Secretary by paragraph (1) and the duties imposed by paragraph (2) on agencies and other persons described in such paragraph shall expire on September 30, 2025. After that date, the Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Secretary incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. The fees authorized by this paragraph shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this chapter.
(Aug. 11, 1916, ch. 313, pt. B, § 7A, as added Pub. L. 94–582, § 9, Oct. 21, 1976, 90 Stat. 2875; amended Pub. L. 95–113, title XVI, §§ 1602(b), 1604(e), 1606(e), Sept. 29, 1977, 91 Stat. 1025, 1027, 1030; Pub. L. 97–35, title I, § 155(2), Aug. 13, 1981, 95 Stat. 371; Pub. L. 100–518, § 2(2), Oct. 24, 1988, 102 Stat. 2585; Pub. L. 103–156, §§ 4(b), 5(b), 12(e), 14(b), Nov. 24, 1993, 107 Stat. 1526, 1528, 1530; Pub. L. 103–354, title II, § 293(a)(4), (7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, §§ 102(b), 103(b), Nov. 9, 2000, 114 Stat. 2059, 2060; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053; Pub. L. 114–54, title III, § 301(b)(3)(B), (c), Sept. 30, 2015, 129 Stat. 518, 519; Pub. L. 115–334, title XII, § 12610(b), Dec. 20, 2018, 132 Stat. 5012; Pub. L. 116–216, § 3, Dec. 11, 2020, 134 Stat. 1048.)
§ 79b. Testing of equipment
(a) Random and periodic testing at least annually; fees
(b) Personnel to conduct testing
(c) Use of non-approved equipment prohibited
(Aug. 11, 1916, ch. 313, pt. B, § 7B, as added Pub. L. 94–582, § 9, Oct. 21, 1976, 90 Stat. 2877; amended Pub. L. 95–113, title XVI, § 1604(f), Sept. 29, 1977, 91 Stat. 1028; Pub. L. 103–156, § 12(f), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 104, Nov. 9, 2000, 114 Stat. 2060.)
§ 79c. Omitted
§ 79d. Limitation on administrative and supervisory costs
The total administrative and supervisory costs which may be incurred under this chapter for services performed (excluding standardization, compliance, and foreign monitoring activities) for each of the fiscal years 1989 through 2025 shall not exceed 30 percent of the total costs for such activities carried out by the Secretary for such year.
(Aug. 11, 1916, ch. 313, pt. B, § 7D, as added Pub. L. 100–518, § 2(3), Oct. 24, 1988, 102 Stat. 2585; amended Pub. L. 103–156, § 2, Nov. 24, 1993, 107 Stat. 1525; Pub. L. 103–354, title II, § 293(a)(8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 105, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053; Pub. L. 114–54, title III, § 301(d), Sept. 30, 2015, 129 Stat. 520; Pub. L. 116–216, § 4, Dec. 11, 2020, 134 Stat. 1048.)
§§ 80 to 83. Omitted
§ 84. Licensing of inspectors
(a) Authorization
(b)
(c) Examination of applicants; reexaminations
(d) Inspectors performing under contract not deemed Federal employees
(e) Hiring of official inspection personnel and supervisory personnel without regard to laws governing appointments to the competitive service
(f) Periodic rotation of personnel
(g) Recruitment, training, and supervision of personnel; work production standards; exemption for certain personnel
(Aug. 11, 1916, ch. 313, pt. B, § 8, 39 Stat. 485; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 764; Pub. L. 94–582, § 10, Oct. 21, 1976, 90 Stat. 2877; Pub. L. 95–113, title XVI, §§ 1604(g), 1606(f), Sept. 29, 1977, 91 Stat. 1028, 1030; Pub. L. 103–156, §§ 6, 12(g), Nov. 24, 1993, 107 Stat. 1526, 1528; Pub. L. 103–354, title II, § 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 106, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 114–54, title III, § 301(e), Sept. 30, 2015, 129 Stat. 520.)
§ 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension
The Secretary may refuse to renew, or may suspend or revoke, any license issued under this chapter whenever, after the licensee has been afforded an opportunity for a hearing, the Secretary shall determine that such licensee is incompetent, or has inspected or weighed or supervised the weighing of grain for purposes of this chapter, by any standard or criteria other than as provided for in this chapter, or has issued, or caused the issuance of, any false or incorrect official certificate or other official form, or has knowingly or carelessly inspected or weighed or supervised the weighing of grain improperly under this chapter, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used the license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this chapter or of the regulations prescribed or instructions issued to the licensee by the Secretary under this chapter. The Secretary may, without first affording the licensee an opportunity for a hearing, suspend any license temporarily pending final determination whenever the Secretary deems such action to be in the best interests of the official inspection system under this chapter. The Secretary may summarily revoke any license whenever the licensee has been convicted of any offense prohibited by section 87b of this title or convicted of any offense proscribed by title 18, with respect to performance of functions under this chapter.
(Aug. 11, 1916, ch. 313, pt. B, § 9, 39 Stat. 485; Aug. 1, 1956, ch. 812, 70 Stat. 780; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 765; Pub. L. 94–582, § 11, Oct. 21, 1976, 90 Stat. 2879; Pub. L. 103–156, § 12(h), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
§ 86. Refusal of inspection and weighing services; civil penalties
(a) Grounds for refusal of services
(b) Persons responsibly connected with a business
(c) Civil penalties
(d) Opportunity for hearing; temporary refusal without hearing pending final determination
(e) Collection and disposition of civil penalties
(Aug. 11, 1916, ch. 313, pt. B, § 10, 39 Stat. 485; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 765; Pub. L. 94–582, § 12, Oct. 21, 1976, 90 Stat. 2879; Pub. L. 103–156, § 12(i), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
§ 87. Conflicts of interest
(a) Prohibition with respect to persons licensed or authorized by Secretary to perform official functions
(b) Prohibition with respect to personnel of official or State agencies and business or governmental entities related to such agencies; substantial stockholder; use of official inspection service; authority delegation; report to Congressional committees
(1) No official agency or a State agency delegated authority under this chapter, or any member, director, officer, or employee thereof, and no business or governmental entity related to any such agency, shall be employed in or otherwise engaged in, or directly or indirectly have any stock or other financial interest in, any business involving the commercial transportation, storage, merchandising, or other commercial handling of grain, or the use of official inspection service (except that in the case of a producer such use shall not be prohibited for grain in which the producer does not have an interest); and no business or governmental entity conducting any such business, or any member, director, officer, or employee thereof, and no other business or governmental entity related to any such entity, shall operate or be employed by or directly or indirectly have any stock or other financial interest in, any official agency or a State agency delegated inspection authority. Further, no substantial stockholder in any incorporated official agency shall be employed in or otherwise engaged in, or be a substantial stockholder in any corporation conducting any such business, or directly or indirectly have any other kind of financial interest in any such business; and no substantial stockholder in any corporation conducting such a business shall operate or be employed by or be a substantial stockholder in, or directly or indirectly have any other kind of financial interest in, any official agency.
(2) A substantial stockholder of a corporation shall be any person holding 2 per centum or more, or one hundred shares or more, of the voting stock of the corporation, whichever is the lesser interest. Any entity shall be considered to be related to another entity if it owns or controls, or is owned or controlled by, such other entity, or both entities are owned or controlled by another entity.
(3) Each State agency delegated official weighing authority under section 79a of this title and each State or local agency or other person designated by the Secretary under such section to perform official weighing or supervision of weighing shall be subject to the provisions of subsection (b) of this section. The term “use of official inspection service” shall be deemed to refer to the use of the services provided under such a delegation or designation.
(4) If a State or local governmental agency is delegated authority to perform official inspection or official weighing or supervision of weighing, or a State or local governmental agency is designated as an official agency, the Secretary shall specify the officials and other personnel thereof to which the conflict of interest provisions of this subsection (b) apply.
(5) Notwithstanding the foregoing provisions of this subsection, the Secretary may delegate authority to a State agency or designate a governmental agency, board of trade, chamber of commerce, or grain exchange to perform official inspection or perform official weighing or supervision of weighing except that for purposes of supervision of weighing only, the Secretary may also designate any other person, if the Secretary determines that any conflict of interest which may exist between the agency or person or any member, director, officer, employee, or stockholder thereof and any business involving the transportation, storage, merchandising, or other handling of grain or use of official inspection or weighing service is not such as to jeopardize the integrity or the effective and objective operation of the functions performed by such agency. Whenever the Secretary makes such a determination and makes a delegation or designation to an agency that has a conflict of interest otherwise prohibited by this subsection, the Secretary shall, within thirty days after making such a determination, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, detailing the factual bases for such determination.
(c) Official agencies or State agencies not prevented from engaging in business of weighing grain
(Aug. 11, 1916, ch. 313, pt. B, § 11, 39 Stat. 485; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766; Pub. L. 94–582, § 13, Oct. 21, 1976, 90 Stat. 2880; Pub. L. 95–113, title XVI, §§ 1604(h), 1606(g), Sept. 29, 1977, 91 Stat. 1028, 1030; Pub. L. 103–156, § 12(j), Nov. 24, 1993, 107 Stat. 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 103–437, § 4(a)(1), Nov. 2, 1994, 108 Stat. 4581.)
§ 87a. Records
(a) Samples of grain
(b) Period of maintenance
(c) Access to records; audits
(d) Maintenance of records by persons or entities receiving official inspection or weighing services; access to records and facilities
(Aug. 11, 1916, ch. 313, pt. B, § 12, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766; amended Pub. L. 94–582, § 14, Oct. 21, 1976, 90 Stat. 2882; Pub. L. 95–113, title XVI, §§ 1601, 1604(i), Sept. 29, 1977, 91 Stat. 1024, 1029; Pub. L. 103–156, § 12(k), Nov. 24, 1993, 107 Stat. 1529; Pub. L. 103–354, title II, § 293(a)(5)–(7), Oct. 13, 1994, 108 Stat. 3237.)
§ 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;
(9) falsely represent that the person is licensed or authorized to perform an official inspection or official weighing or supervision of weighing function under this chapter;
(10) use any false or misleading means in connection with the making or filing of an application for official inspection or official weighing or supervision of weighing;
(11) violate section 77, 78, 79, 79a, 79b, 84, 87, 87a, 87e, or 87f–1 of this title;
(12) knowingly engage in falsely stating or falsifying the weight of any grain shipped in interstate or foreign commerce by any means, including, but not limited to, the use of inaccurate, faulty, or defective weighing equipment; or
(13) knowingly prevent or impede any buyer or seller of grain or other person having a financial interest in grain, or the authorized agent of any such person, from observing the loading of the grain inspected under this chapter and the weighing, sampling, and inspection of such grain under conditions prescribed by the Secretary.
(b) No person licensed or authorized to perform any function under this chapter shall—
(1) commit any offense prohibited by subsection (a);
(2) knowingly perform improperly any official sampling or other official inspection or weighing function under this chapter;
(3) knowingly execute or issue any false or incorrect official certificate or other official form; or
(4) accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty.
(c) An offense shall be deemed to have been committed knowingly under this chapter if it resulted from gross negligence or was committed with knowledge of the pertinent facts.
(d)
(1) Subject to paragraphs (2) and (3), to ensure the quality of grain marketed in or exported from the United States—
(A) no dockage or foreign material, as defined by the Secretary, once removed from grain shall be recombined with any grain; and
(B) no dockage or foreign material of any origin may be added to any grain.
(2) Nothing in paragraph (1) shall be construed to prohibit—
(A) the treatment of grain to suppress, destroy, or prevent insects and fungi injurious to stored grain;
(B) the marketing, domestically or for export, of dockage or foreign material removed from grain if such dockage or foreign material is marketed—
(i) separately and uncombined with any such whole grain;
(ii) in pelletized form; or
(iii) as a part of a processed ration for livestock, poultry, or fish;
(C) the blending of grain with similar grain of a different quality to adjust the quality of the resulting mixture;
(D) the recombination of broken corn or broken kernels, as defined by the Secretary, with grain of the type from which the broken corn or broken kernels were derived;
(E) effective for the period ending December 31, 1987, the recombination of dockage or foreign material, except dust, removed at an export loading facility from grain destined for shipment as a cargo under one export official certificate of inspection if—
(i) the recombination occurs during the loading of the cargo;
(ii) the purpose is to ensure uniformity of dockage or foreign material throughout that specific cargo; and
(iii) the separation and recombination are conducted in accordance with regulations issued by the Secretary; or
(F) the addition to grain of a dust suppressant, or the addition of confetti or any other similar material that serves the same purpose in a quantity necessary to facilitate identification of ownership or origin of a particular lot of grain.
(3)
(A) The Secretary may, by regulation, exempt from paragraph (1) the last handling of grain in the final sale and shipment of such grain to a domestic user or processor if such exemption is determined by the Secretary to be in the best economic interest of producers, grain merchants, the industry involved, and the public.
(B) Grain sold under an exemption authorized by this paragraph shall be consumed or processed into one or more products by the purchaser, but may not be resold into commercial channels for such grain or blended with other grain for resale. Neither products nor byproducts derived therefrom (except vegetable oils as defined by the Secretary and used as a dust suppressant) shall be blended with or added to grain in commercial channels.
(e)
(1) The Secretary may prohibit the contamination of sound and pure grain, or prohibit disguising the quality of grain, as a result of the introduction of—
(A) nongrain substances;
(B) grain unfit for ordinary commercial purposes; or
(C) grain that exceeds action limits established by the Food and Drug Administration or grain having residues that exceed the tolerance levels established by the Environmental Protection Agency.
(2) No prohibition imposed under this section shall be construed to restrict the marketing of any grain so long as the grade or condition of the grain is properly identified.
(3) Prior to taking action under this subsection, the Secretary shall promulgate regulations after providing for notice and an opportunity for public comment, that identify and define actions and conditions that are subject to prohibition.
(4) In no case shall the Secretary prohibit the blending of an entire grade of grain.
(5) In implementing paragraph (1)(C), the Secretary shall report any prohibitions to other appropriate public health agencies.
(Aug. 11, 1916, ch. 313, pt. B, § 13, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766; amended Pub. L. 94–582, § 15, Oct. 21, 1976, 90 Stat. 2883; Pub. L. 95–113, title XVI, §§ 1604(j), 1606(h), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 99–641, title III, § 303(a), Nov. 10, 1986, 100 Stat. 3564; Pub. L. 101–624, title XX, § 2008, Nov. 28, 1990, 104 Stat. 3931; Pub. L. 103–156, §§ 7, 12(l), Nov. 24, 1993, 107 Stat. 1526, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 107, Nov. 9, 2000, 114 Stat. 2060.)
§ 87c. Criminal penalties
(a) Any person who commits any offense prohibited by section 87b of this title (except an offense prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case the person shall be subject to the general penal statutes in title 18 relating to crimes and offenses against the United States) shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine.
(b) Nothing in this chapter shall be construed as requiring the Secretary to report minor violations of this chapter for criminal prosecution whenever the Secretary believes that the public interest will be adequately served by a suitable written notice or warning, or to report any violation of this chapter for prosecution when the Secretary believes that institution of a proceeding under section 86 of this title will obtain compliance with this chapter and the Secretary institutes such a proceeding.
(c) Any officer or employee of the Department of Agriculture assigned to perform weighing functions under this chapter shall be considered as an employee of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of Title 18.
(Aug. 11, 1916, ch. 313, pt. B, § 14, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 767; amended Pub. L. 94–582, § 17, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 103–156, §§ 8, 12(m), Nov. 24, 1993, 107 Stat. 1527, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
§ 87d. Responsibility for acts of others
When construing and enforcing the provisions of this chapter, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, or corporation within the scope of the employment or office of the official, agent, or other person shall, in every case, also be deemed the act, omission, or failure of such association, partnership, or corporation as well as that of the person.
(Aug. 11, 1916, ch. 313, pt. B, § 15, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 103–156, § 12(n), Nov. 24, 1993, 107 Stat. 1529.)
§ 87e. General authorities
(a) Authority of Secretary
(b) Investigation of reports or complaints of discrepancies and abuses in official inspection or weighing of grain
(c) Monitoring of United States grain upon its entry into foreign nations
(d) Authority of Office of Investigation of Department of Agriculture
(e) Research program to develop methods of improving accuracy and uniformity in grading grain
(f) Adequate personnel to meet inspection and weighing requirements
(g) Testing of certain weighing equipment
(1) Subject to paragraph (2), the Secretary may provide for the testing of weighing equipment used for purposes other than weighing grain. The testing shall be performed—
(A) in accordance with such regulations as the Secretary may prescribe; and
(B) for a reasonable fee established by regulation or contractual agreement and sufficient to cover, as nearly as practicable, the estimated costs of the testing performed.
(2) Testing performed under paragraph (1) may not conflict with or impede the objectives specified in section 74 of this title.
(h) Testing of grain inspection instruments
(1) Subject to paragraph (2), the Secretary may provide for the testing of grain inspection instruments used for commercial inspection. The testing shall be performed—
(A) in accordance with such regulations as the Secretary may prescribe; and
(B) for a reasonable fee established by regulation or contractual agreement and sufficient to cover, as nearly as practicable, the estimated costs of the testing performed.
(2) Testing performed under paragraph (1) may not conflict with or impede the objectives specified in section 74 of this title.
(i) Additional for fee services
(1) In accordance with such regulations as the Secretary may provide, the Secretary may perform such other services as the Secretary considers to be appropriate.
(2) In addition to the fees authorized by sections 79, 79a, 79b, and 87f–1 of this title, and this section, the Secretary shall collect reasonable fees to cover the estimated costs of services performed under paragraph (1) other than standardization and foreign monitoring activities.
(3) To the extent practicable, the fees collected under paragraph (2), together with any proceeds from the sale of any samples, shall cover the costs, including administrative and supervisory costs, of services performed under paragraph (1).
(j) Deposit of fees
(k) Official courtesies
(Aug. 11, 1916, ch. 313, pt. B, § 16, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 94–582, § 18, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 95–113, title XVI, §§ 1604(k), 1606(i), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 102–237, title X, § 1007(2), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103–156, § 9, Nov. 24, 1993, 107 Stat. 1527; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
§ 87e–1. Repealed. Pub. L. 106–472, title I, § 110(b), Nov. 9, 2000, 114 Stat. 2061
§ 87f. Enforcement provisions
(a) Subpena power
(b) Disobedience of subpena
(c) Court order requiring attendance and testimony of witnesses
(d) Fees and mileage costs of witnesses
(e) Violation of subpena as misdemeanor
(f) Repealed. Pub. L. 91–452, title II, § 203, Oct. 15, 1970, 84 Stat. 928
(g) Repealed. Pub. L. 94–582, § 19(d), Oct. 21, 1976, 90 Stat. 2886
(h) District court jurisdiction
(Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 91–452, title II, § 203, Oct. 15, 1970, 84 Stat. 928; Pub. L. 94–582, § 19, Oct. 21, 1976, 90 Stat. 2885; Pub. L. 103–156, §§ 10, 12(o), Nov. 24, 1993, 107 Stat. 1528, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
§ 87f–1. Registration requirements
(a) General requirementThe Secretary shall provide, by regulation, for the registration of all persons engaged in the business of buying grain for sale in foreign commerce, and in the business of handling, weighing, or transporting of grain for sale in foreign commerce. This section shall not apply to—
(1) any person who only incidentally or occasionally buys for sale, or handles, weighs, or transports grain for sale and is not engaged in the regular business of buying grain for sale, or handling, weighing, or transporting grain for sale;
(2) any producer of grain who only incidentally or occasionally sells or transports grain which the producer has purchased;
(3) any person who transports grain for hire and does not own a financial interest in such grain; or
(4) any person who buys grain for feeding or processing and not for the purpose of reselling and only incidentally or occasionally sells such grain as grain.
(b) Required information
(1) All persons required to register under this chapter shall submit the following information to the Secretary:
(A) the name and principal address of the business,
(B) the names of all directors of such business,
(C) the names of the principal officers of such business,
(D) the names of all persons in a control relationship with respect to such business,
(E) a list of locations where the business conducts substantial operations, and
(F) such other information as the Secretary deems necessary to carry out the purposes of this chapter.
Persons required to register under this section shall also submit to the Secretary the information specified in clauses (A) through (F) of this paragraph with respect to any business engaged in the business of buying grain for sale in interstate commerce, and in the business of handling, weighing, or transporting of grain for sale in interstate commerce, if, with respect to such business, the person otherwise required to register under this section is in a control relationship.
(2) For the purposes of this section, a person shall be deemed to be in a “control relationship” with respect to a business required to register under subsection (a) and with respect to applicable interstate businesses if—
(A) such person has an ownership interest of 10 per centum or more in such business, or
(B) a business or group of business entities, with respect to which such person is in a control relationship, has an ownership interest of 10 per centum or more in such business.
(3) For purposes of clauses (A) and (B) of paragraph (2) of this subsection, a person shall be considered to own the ownership interest which is owned by his or her spouse, minor children, and relatives living in the same household.
(c) Certificate of registration
(d) Suspension or registration of certificate of registration
(e) Fees
(Aug. 11, 1916, ch. 313, pt. B, § 17A, as added Pub. L. 94–582, § 22, Oct. 21, 1976, 90 Stat. 2886; amended Pub. L. 95–113, title XVI, § 1604(l), Sept. 29, 1977, 91 Stat. 1029; Pub. L. 103–156, § 12(p), Nov. 24, 1993, 107 Stat. 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
§ 87f–2. Reporting requirements
(a) General requirements; annual report to Congressional committees
(b) Notification of Congressional committees of complaints regarding faulty grain deliveries and cancellation of export contracts
(c) Submission to Congressional committees of annual summary of complaints from foreign purchasers and prospective purchasers of grain
(d) Enhancement of current reporting
(1) Increased frequency of inspection program data reporting
(A) In general
(B) Delineation
The data from the tests and inspections under subparagraph (A) shall be delineated to reflect whether the tests and inspections were requested of or performed by—
(i) the Secretary; or
(ii) a State agency delegated authority under section 79 or 79a of this title or an official agency.
(2) Exceptions and waivers
Beginning not later than 1 year after December 11, 2020, the Secretary shall publish quarterly reports describing—
(A) the number of exceptions requested under section 79(f)(2)(B) of this title;
(B) the number of exceptions granted under section 79(f)(2)(B) of this title;
(C) the number of waivers requested under section 77(a)(1) of this title; and
(D) the number of waivers granted under section 77(a)(1) of this title.
(e) Additional reporting; consultation
The Secretary may, to the extent determined appropriate by the Secretary, in consultation with State agencies delegated authority under sections 79 and 79a of this title, official agencies, and the grain industries described in the second sentence of section 87j(a) of this title, publish—
(1) data relating to testing for other intrinsic quality or food safety factors; and
(2) other data collected from inspection and weighing activities conducted under this chapter.
(f) Protection of confidential business information
(Aug. 11, 1916, ch. 313, pt. B, § 17B, as added Pub. L. 94–582, § 22, Oct. 21, 1976, 90 Stat. 2888; amended Pub. L. 95–113, title XVI, §§ 1604(m), 1606(i), (j), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 102–237, title X, § 1007(3), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 116–216, § 5, Dec. 11, 2020, 134 Stat. 1048.)
§ 87g. Relation to State and local laws; separability
(a) No State or subdivision thereof may require the inspection or description in accordance with any standards of kind, class, quality, condition, or other characteristics of grain as a condition of shipment, or sale, of such grain in interstate or foreign commerce, or require any license for, or impose any other restrictions upon the performance of any official inspection or weighing function under this chapter by official inspection personnel. Otherwise nothing in this chapter shall invalidate any law or other provision of any State or subdivision thereof in the absence of a conflict with this chapter.
(b) If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
(Aug. 11, 1916, ch. 313, pt. B, § 18, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 769; amended Pub. L. 94–582, § 20, Oct. 21, 1976, 90 Stat. 2886.)
§ 87h. Funding
(a) Authorization of appropriations
(b) Limitations on uses of user fees
(1) DefinitionsIn this subsection:
(A) Official inspection or weighing service
(B) User fee
(2) RequirementA user fee—
(A) shall be used solely to cover—
(i) the cost to the Secretary for carrying out official inspection or weighing services; and
(ii) administrative costs to the Secretary directly relating to official inspection or weighing services; and
(B) shall not be used for—
(i) activities relating to the development or maintenance of grain standards; or
(ii) any other activity that is not directly related to the performance of official inspection or weighing services.
(Aug. 11, 1916, ch. 313, pt. B, § 19, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 769; amended Pub. L. 94–582, § 21, Oct. 21, 1976, 90 Stat. 2886; Pub. L. 95–113, title XVI, §§ 1602(c), 1604(n), Sept. 29, 1977, 91 Stat. 1025, 1029; Pub. L. 97–35, title I, § 155(4), Aug. 13, 1981, 95 Stat. 372; Pub. L. 98–469, § 2(3), Oct. 11, 1984, 98 Stat. 1832; Pub. L. 100–518, § 2(4), Oct. 24, 1988, 102 Stat. 2586; Pub. L. 103–156, § 3, Nov. 24, 1993, 107 Stat. 1525; Pub. L. 106–472, title I, § 108, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053; Pub. L. 114–54, title III, § 301(f), Sept. 30, 2015, 129 Stat. 520; Pub. L. 116–216, § 6, Dec. 11, 2020, 134 Stat. 1049.)
§ 87i. Omitted
§ 87j. Advisory committee
(a) Establishment; number and terms of members
(b) Chapter 10 of title 5 as governing
(c) Clerical assistance and staff personnel
(d) Compensation and travel expenses
(e) Expiration of Secretary’s authority
(Aug. 11, 1916, ch. 313, pt. B, § 21, as added Pub. L. 100–518, § 2(5), Oct. 24, 1988, 102 Stat. 2586; amended Pub. L. 103–156, §§ 13(b)(1), 14(c), Nov. 24, 1993, 107 Stat. 1529, 1530; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 109, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053; Pub. L. 114–54, title III, § 301(g), Sept. 30, 2015, 129 Stat. 520; Pub. L. 116–216, § 7, Dec. 11, 2020, 134 Stat. 1050; Pub. L. 117–286, § 4(a)(20), Dec. 27, 2022, 136 Stat. 4307.)
§ 87k. Standardizing commercial inspections
(a) Testing equipment
To promote greater uniformity in commercial grain inspection results, the Secretary may work in conjunction with the National Institute for Standards and Technology, the National Conference on Weights and Measures, or other appropriate governmental, scientific, or technical organizations to—
(1) identify inspection instruments requiring standardization under subsection (b);
(2) establish performance criteria for commercial grain inspection instruments;
(3) develop a national program to approve grain inspection instruments for commercial inspection; and
(4) develop standard reference materials or other means necessary for calibration or testing of approved instruments.
(b) General inspection procedures
(c) Inspection services and information
(d) Standardized aflatoxin equipment and procedures
The Secretary shall—
(1) establish uniform standards for testing equipment; and
(2) establish uniform testing procedures and sampling techniques;
that may be used by processors, refiners, operators of grain elevators and terminals, and others to accurately detect the level of aflatoxin contamination of corn in the United States.
(Aug. 11, 1916, ch. 313, pt. B, § 22, as added Pub. L. 101–624, title XX, § 2009, Nov. 28, 1990, 104 Stat. 3931; amended Pub. L. 103–156, §§ 11, 13(b)(2), Nov. 24, 1993, 107 Stat. 1528, 1529; Pub. L. 103–354, title II, § 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237.)