-CITE- 7 USC CHAPTER 3 - GRAIN STANDARDS 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- CHAPTER 3 - GRAIN STANDARDS -MISC1- Sec. 71. Short title. 72, 73. Omitted. 74. Congressional findings and declaration of policy. 75. Definitions. 75a. Repealed. 75b. Omitted. 76. Standards and procedures; establishment, amendment, and revocation. 77. Official inspection and weighing requirements; waiver; supervision by representatives of Secretary. 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States. 79. Official inspection. 79a. Weighing authority. 79b. Testing of equipment. 79c. Omitted. 79d. Limitation on administrative and supervisory costs. 80 to 83. Omitted. 84. Licensing of inspectors. 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension. 86. Refusal of inspection and weighing services; civil penalties. 87. Conflicts of interest. 87a. Records. 87b. Prohibited acts. 87c. Criminal penalties. 87d. Responsibility for acts of others. 87e. General authorities. 87e-1. Repealed. 87f. Enforcement provisions. 87f-1. Registration requirements. 87f-2. Reporting requirements. 87g. Relation to State and local laws; separability. 87h. Appropriations. 87i. Omitted. 87j. Advisory committee. 87k. Standardizing commercial inspections. -End- -CITE- 7 USC Sec. 71 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 71. Short title -STATUTE- This chapter may be cited as the "United States Grain Standards Act". -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 1, 39 Stat. 482; Pub. L. 90- 487, Sec. 1, Aug. 15, 1968, 82 Stat. 761.) -COD- CODIFICATION This chapter constitutes part B of "An act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1917, and for other purposes," approved Aug. 11, 1916. Part A of act of Aug. 11, 1916, containing the "United States Cotton Futures Act," was repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. Part C of that act contained the "United States Warehouse Act," and is incorporated, as amended, as section 241 et seq. of this title. Section is comprised of part of section 1 of part B of act Aug. 11, 1916. Other provisions contained in section 1 were classified to former sections 72 and 73 of this title. -MISC1- AMENDMENTS 1968 - Pub. L. 90-487 substituted "may be cited as" for "shall be known by the short title of". EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-487 effective 180 days after Aug. 15, 1968, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-472, Sec. 1(a), Nov. 9, 2000, 114 Stat. 2058, provided that: "This Act [enacting sections 228d, 241 to 256, 918a, and 1726b of this title and section 1012 of Title 16, Conservation, amending sections 15b, 77, 79, 79a, 79b, 79d, 84, 87b, 87h, 87j, 229, 1622, 1736a, 1926, 2009d, 5101, 5102, and 5106 of this title and sections 1766 and 1786 of Title 42, The Public Health and Welfare, repealing section 87e-1 of this title, enacting provisions set out as notes under sections 79, 181, 241, and 1314e of this title and section 1786 of Title 42, amending provisions set out as notes under sections 74, 612c, and 1421 of this title, and repealing provisions set out as notes under sections 75a, 76, and 79 of this title] may be cited as the 'Grain Standards and Warehouse Improvement Act of 2000'." SHORT TITLE OF 1993 AMENDMENT Pub. L. 103-156, Sec. 1(a), Nov. 24, 1993, 107 Stat. 1525, provided that: "This Act [amending sections 75 to 77, 79 to 79b, 79d, 84 to 87e, 87f, 87f-1, 87h, 87j, and 87k of this title, enacting provisions set out as a note under section 75 of this title, and repealing provisions set out as a note under section 79 of this title] may be cited as the 'United States Grain Standards Act Amendments of 1993'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-624, title XX, Sec. 2001, Nov. 28, 1990, 104 Stat. 3928, provided that: "This title [enacting sections 75b, 87k, 1427- 1, 1593a, and 1622a of this title, amending sections 74, 76, 77, 87b, 1423, and 1445e of this title, and enacting provisions set out as a note under section 76 of this title] may be cited as the 'Grain Quality Incentives Act of 1990'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-518, Sec. 1, Oct. 24, 1988, 102 Stat. 2584, provided that: "This Act [enacting sections 79d and 87j of this title, amending sections 55, 79, 79a, and 87h of this title, and enacting provisions set out as notes under sections 79 and 1421 of this title] may be cited as the 'United States Grain Standards Act Amendments of 1988'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-641, title III, Sec. 301, Nov. 10, 1986, 100 Stat. 3564, provided that: "This title [amending sections 74 and 87b of this title and enacting provisions set out as notes under sections 76 and 87b of this title] may be cited as the 'Grain Quality Improvement Act of 1986'." SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-582, Oct. 21, 1976, 90 Stat. 2867, provided: "That this Act [enacting sections 75a, 79a, 79b, 87e-1, 87f-1, and 87f-2 of this title, amending sections 74, 75, 76, 77, 78, 79, 84, 85, 86, 87, 87a, 87b, 87c, 87e, 87f, 87g, and 87h of this title, section 5316 of Title 5, Government Organization and Employees, and section 1114 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under sections 74, 75a, 76, and 79 of this title] may be cited as the 'United States Grain Standards Act of 1976'." -End- -CITE- 7 USC Secs. 72, 73 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Secs. 72, 73. Omitted -COD- CODIFICATION Sections were omitted in the general reorganization of this chapter by Pub. L. 90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 761. Section 72, act Aug. 11, 1916, ch. 313, pt. B, Sec. 1 (part), 39 Stat. 482, defined the words "person" and "in interstate or foreign commerce". See section 75 of this title. Section 73, act Aug. 11, 1916, ch. 313, pt. B, Sec. 1 (part), 39 Stat. 482, made associations, partnerships, and corporations liable for the acts of their agents within the scope of their employment or office. See section 87d of this title. -End- -CITE- 7 USC Sec. 74 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 74. Congressional findings and declaration of policy -STATUTE- (a) Grain is an essential source of the world's total supply of human food and animal feed and is merchandised in interstate and foreign commerce. It is declared to be the policy of the Congress, for the promotion and protection of such commerce in the interests of producers, merchandisers, warehousemen, processors, and consumers of grain, and the general welfare of the people of the United States, to provide for the establishment of official United States standards for grain, to promote the uniform application thereof by official inspection personnel, to provide for an official inspection system for grain, and to regulate the weighing and the certification of the weight of grain shipped in interstate or foreign commerce in the manner hereinafter provided; with the objectives that grain may be marketed in an orderly and timely manner and that trading in grain may be facilitated. It is hereby found that all grain and other articles and transactions in grain regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce and that regulation thereof as provided in this chapter is necessary to prevent or eliminate burdens on such commerce and to regulate effectively such commerce. (b) It is also declared to be the policy of Congress - (1) to promote the marketing of grain of high quality to both domestic and foreign buyers; (2) that the primary objective of the official United States standards for grain is to certify the quality of grain as accurately as practicable; and (3) that official United States standards for grain shall - (A) define uniform and accepted descriptive terms to facilitate trade in grain; (B) provide information to aid in determining grain storability; (C) offer users of such standards the best possible information from which to determine end-product yield and quality of grain; (D) provide the framework necessary for markets to establish grain quality improvement incentives; (E) reflect the economic value-based characteristics in the end uses of grain; and (F) accommodate scientific advances in testing and new knowledge concerning factors related to, or highly correlated with, the end use performance of grain. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 2, 39 Stat. 482; July 18, 1940, ch. 636, 54 Stat. 765; Pub. L. 90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 761; Pub. L. 94-582, Sec. 2, Oct. 21, 1976, 90 Stat. 2867; Pub. L. 99-641, title III, Sec. 302, Nov. 10, 1986, 100 Stat. 3564; Pub. L. 101-624, title XX, Sec. 2004, Nov. 28, 1990, 104 Stat. 3929.) -MISC1- AMENDMENTS 1990 - Subsec. (b)(3)(E), (F). Pub. L. 101-624 added subpars. (E) and (F). 1986 - Pub. L. 99-641 designated existing provisions as subsec. (a) and added subsec. (b). 1976 - Pub. L. 94-582 expressed the policy of Congress to regulate the weighing and the certification of the weight of grain shipped in interstate or foreign commerce and the finding of Congress of the necessity to regulate grain transactions to prevent or eliminate burdens on commerce and to regulate effectively such interstate or foreign commerce, and provided that the grain be marketed in a timely manner. 1968 - Pub. L. 90-487 substituted a declaration of policy by the Congress for provisions authorizing promulgation and establishment of grain standards by Secretary of Agriculture. 1940 - Act July 18, 1940, inserted "soybeans," after "flaxseed,". EFFECTIVE DATE OF 1976 AMENDMENT Section 27 of Pub. L. 94-582, as amended by Pub. L. 95-113, title XVI, Secs. 1602(d), 1605(b), 1607(b), 1608, Sept. 29, 1977, 91 Stat. 1025, 1030, 1031; Pub. L. 106-472, title I, Sec. 110(c), Nov. 9, 2000, 114 Stat. 2061, provided that: "This Act [see Short Title of 1976 Amendment note set out under section 71 of this title] shall become effective thirty days after enactment hereof [Oct. 21, 1976]. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. -End- -CITE- 7 USC Sec. 75 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 75. Definitions -STATUTE- When used in this chapter, except where the context requires otherwise - (a) the term "Secretary" means the Secretary of Agriculture of the United States or delegates of the Secretary; (b) the term "Department of Agriculture" means the United States Department of Agriculture; (c) the term "person" means any individual, partnership, corporation, association, or other business entity; (d) the term "United States" means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia); (e) the term "State" means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia); (f) the term "interstate or foreign commerce" means commerce from any State to or through any other State, or to or through any foreign country; (g) the term "grain" means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under section 76 of this title; (h) the term "export grain" means grain for shipment from the United States to any place outside thereof; (i) the term "official inspection" means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or other facts relating to grain under other criteria approved by the Secretary under this chapter (the term "officially inspected" shall be construed accordingly); (j) the term "official inspection personnel" means persons licensed or otherwise authorized by the Secretary pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing; (k) the term "official mark" means any symbol prescribed by regulations of the Secretary to show the official determination of official inspection or official weighing; (l) the term "official grade designation" means a numerical or sample grade designation, specified in the standards relating to kind, class, quality, and condition of grain, provided for in this chapter; (m) the term "official agency" means any State or local governmental agency, or any person, designated by the Secretary pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing); (n) the terms "official certificate" and "official form" mean, respectively, a certificate or other form prescribed by regulations of the Secretary under this chapter; (o) the term "official sample" means a sample obtained from a lot of grain by, and submitted for official inspection by, official inspection personnel (the term "official sampling" shall be construed accordingly); (p) the term "submitted sample" means a sample submitted by or for an interested person for official inspection, other than an official sample; (q) the term "lot" means a specific quantity of grain identified as such; (r) the term "interested person" means any person having a contract or other financial interest in grain as the owner, seller, purchaser, warehouseman, or carrier, or otherwise; (s) the verb "ship" with respect to grain means transfer physical possession of the grain to another person for the purpose of transportation by any means of conveyance, or transport one's own grain by any means of conveyance; (t) the terms "false", "incorrect", and "misleading" mean, respectively, false, incorrect, and misleading in any particular; (u) the term "deceptive loading, handling, weighing, or sampling" means any manner of loading, handling, weighing, or sampling that deceives or tends to deceive official inspection personnel, as specified by regulations of the Secretary under this chapter; (v) the term "export elevator" means any grain elevator, warehouse, or other storage or handling facility in the United States as determined by the Secretary, from which grain is shipped from the United States to an area outside thereof; (w) the term "export port location" means a commonly recognized port of export in the United States or Canada, as determined by the Secretary, from which grain produced in the United States is shipped to any place outside the United States; (x) the term "official weighing" means the determination and certification by official inspection personnel of the quantity of a lot of grain under standards provided for in this chapter, based on the actual performance of weighing or the physical supervision thereof, including the physical inspection and testing for accuracy of the weights and scales and the physical inspection of the premises at which the weighing is performed and the monitoring of the discharge of grain into the elevator or conveyance (the terms "officially weigh" and "officially weighed" shall be construed accordingly); (y) the term "supervision of weighing" means such supervision by official inspection personnel of the grain-weighing process as is determined by the Secretary to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance; and (z) the term "intracompany shipment" means the shipment, within the United States, of grain lots between facilities owned or controlled by the person owning the grain. The shipment of grain owned by a cooperative, from a facility owned by that cooperative, to an export facility which it jointly owns with other cooperatives, qualifies as an intracompany shipment. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 3, 39 Stat. 483; Pub. L. 90- 487, Sec. 1, Aug. 15, 1968, 82 Stat. 761; Pub. L. 94-582, Sec. 3, Oct. 21, 1976, 90 Stat. 2867; Pub. L. 95-113, title XVI, Secs. 1604(a), 1606(a), Sept. 29, 1977, 91 Stat. 1026, 1030; Pub. L. 96- 437, Sec. 1, Oct. 13, 1980, 94 Stat. 1870; Pub. L. 102-237, title X, Sec. 1007(1), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103-156, Sec. 12(a), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II, Sec. 293(a)(1), (7), Oct. 13, 1994, 108 Stat. 3237.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-354 substituted "Secretary" for "Administrator" wherever appearing in subsecs. (i) to (k), (m), (n), (u) to (w), and (y), redesignated subsec. (bb) as (z), and struck out former subsecs. (z) and (aa) which read as follows: "(z) the term 'Administrator' means the Administrator of the Federal Grain Inspection Service or delegates of the Administrator; "(aa) the term 'Service' means the Federal Grain Inspection Service; and". 1993 - Pub. L. 103-156, Sec. 12(a), which directed amendment of "Section 3", without specifying the name of the Act being amended, was executed to this section, which is section 3 of the United States Grain Standards Act, to reflect the probable intent of Congress. Subsec. (a). Pub. L. 103-156, Sec. 12(a)(1), substituted "delegates of the Secretary" for "his delegates". Subsec. (z). Pub. L. 103-156, Sec. 12(a)(2), substituted "delegates of the Administrator" for "his delegates". 1991 - Subsecs. (i) to (k), (u) to (x), (z), (aa). Pub. L. 102- 237 substituted "the" for "The" before "term". 1980 - Subsec. (bb). Pub. L. 96-437 added subsec. (bb). 1977 - Subsec. (g). Pub. L. 95-113, Sec. 1604(a)(1), substituted "sorghum" for "grain sorghum". Subsec. (i). Pub. L. 95-113, Sec. 1606(a), struck out reference to the determination of the quantity of sacks of grain upon the request of the interested party applying for inspection. Subsec. (m). Pub. L. 95-113, Sec. 1604(a)(2), substituted "or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing)" for "or subsection (b) of section 79a of this title for the conduct of supervision of weighing". Subsec. (x). Pub. L. 95-113, Sec. 1604(a)(3), substituted "under standards provided for in this chapter" for "under standards provided in this chapter". Subsec. (y). Pub. L. 95-113, Sec. 1604(a)(4), substituted "such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance" for "the supervision of the weighing process and of the certification of the weight of grain, and the physical inspection of the premises at which the weighing is performed to assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance represented on the weight certificate or other document". 1976 - Subsec. (i). Pub. L. 94-582, Sec. 3(a), substituted "Administrator" for "Secretary", and expanded definition of "official inspection" to include determination "(by original inspection, and when requested, reinspection and appeal inspection)" and determination and certification of the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of the grain. Subsec. (j). Pub. L. 94-582, Sec. 3(b), in redefining "official inspection personnel", substituted provision declaring term to mean "persons licensed or otherwise authorized by the Administrator pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing" for "employees of State or other governmental agencies or commercial agencies or other persons who are licensed to perform all or specified functions involved in official inspection under this chapter; employees of the Department of Agriculture who are authorized to supervise official inspection and to conduct appeal inspection or initial inspection of United States grain in Canadian ports". Subsec. (k). Pub. L. 94-582, Sec. 3(c), substituted "Administrator" for "Secretary" and "official inspection or official weighing" for "an official inspection". Subsec. (l). Pub. L. 94-582, Sec. 3(d), substituted "standards relating to kind, class, quality, and condition of grain," for "standards". Subsec. (m). Pub. L. 94-582, Sec. 3(e), substituted definition of "official agency" meaning "any State or local governmental agency, or any person, designated by the Administrator pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (b) of section 79a of this title for the conduct of supervision of weighing" for definition of "official inspection agency" meaning "the agency or person located at an inspection point designated by the Secretary for the conduct of official inspection under this chapter". Subsec. (n). Pub. L. 94-582, Sec. 3(f), substituted "Administrator" for "Secretary". Subsec. (u). Pub. L. 94-582, Sec. 3(g), included within term defined and its definition the concept of "weighing" and substituted "Administrator" for "Secretary". Subsecs. (v) to (aa). Pub. L. 94-582, Sec. 3(h), added subsecs. (v) to (aa). 1968 - Pub. L. 90-487 substituted provisions defining terms used in the chapter for provisions that the standards fixed and established by the Secretary of Agriculture be known as the official grain standards of the United States. EFFECTIVE DATE OF 1993 AMENDMENT Section 16 of Pub. L. 103-156 provided that: "(a) In General. - Except as provided in subsection (b), the amendments made by this Act [amending this section and sections 75a to 77, 79 to 79b, 79d, 84 to 87e, 87f, 87f-1, 87h, 87j, and 87k of this title and repealing provisions set out as a note under section 79 of this title] shall take effect on the date of the enactment of this Act [Nov. 24, 1993]. "(b) Special Effective Date for Certain Provisions. - The amendments made by sections 2, 3, and 13(a) [amending sections 79d and 87h of this title and repealing provisions set out as a note under section 79 of this title] shall take effect as of September 30, 1993." EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. -End- -CITE- 7 USC Sec. 75a 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 75a. Repealed. -MISC1- Sec. 75a. Repealed. Pub. L. 103-354, title II, Sec. 293(a)(2), Oct. 13, 1994, 108 Stat. 3237. Section, act Aug. 11, 1916, ch. 313, pt. B, Sec. 3A, as added Oct. 21, 1976, Pub. L. 94-582, Sec. 4, 90 Stat. 2868; amended Sept. 29, 1977, Pub. L. 95-113, title XVI, Sec. 1604(b), 91 Stat. 1026; Nov. 24, 1993, Pub. L. 103-156, Sec. 15, 107 Stat. 1530, established Federal Grain Inspection Service in Department of Agriculture and provided for cost containment plan to make the Service more efficient. -End- -CITE- 7 USC Sec. 75b 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 75b. Omitted -COD- CODIFICATION Section, Pub. L. 101-624, title XX, Sec. 2002, Nov. 28, 1990, 104 Stat. 3928, provided for establishment of Committee on Grain Quality and Grain Quality Coordinator, established duties of Coordinator with respect to grain quality and competitiveness, and provided for termination of section on Jan. 1, 2001. -End- -CITE- 7 USC Sec. 76 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 76. Standards and procedures; establishment, amendment, and revocation -STATUTE- (a) Authority of Secretary The Secretary is authorized to investigate the handling, weighing, grading, and transportation of grain and to fix and establish (1) standards of kind, class, quality, and condition for corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and such other grains as in the judgment of the Secretary the usages of the trade may warrant and permit, and (2) standards or procedures for accurate weighing and weight certification and controls, including safeguards over equipment calibration and maintenance, for grain shipped in interstate or foreign commerce; and the Secretary is authorized to amend or revoke such standards or procedures whenever the necessities of the trade may require. (b) Notice and opportunity for comment; standards regarding cleanliness of grain (1) Before establishing, amending, or revoking any standards under this chapter, the Secretary shall publish notice of the proposals and give interested persons opportunity to submit data, views, and arguments thereon and, upon request, an opportunity to present data, views, and arguments orally in an informal manner. No standards established or amendments or revocations of standards under this chapter shall become effective less than one calendar year after promulgation thereof, unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner. (2)(A)(i) If the Secretary determines that the establishment or amendment of standards regarding cleanliness conditions of wheat, corn, barley, sorghum and soybeans that meet the requirements for grade number 3 or better (as set forth in subparagraph (B)) would - (I) enhance the competitiveness of exports of wheat, corn, barley, sorghum and soybeans from the United States with wheat, corn, barley, sorghum and soybean exports marketed by other major exporters; (II) result in the maintenance or expansion of the United States export market share for wheat, corn, barley, sorghum and soybeans; (III) result in the maintenance or increase of United States producer income; and (IV) be in the interest of United States agriculture, taking into consideration technical constraints, economic benefits and costs to producers and industry, price competitiveness, and importer needs; the Secretary shall establish or amend the standards to include economically and commercially practical levels of cleanliness for wheat, corn, barley, sorghum and soybeans. (ii) The Secretary shall make a finding under this subsection for grain of the type described in clause (i) as soon as practicable after November 28, 1990. (B)(i) In establishing requirements for cleanliness characteristics, the Secretary shall - (I) consider technical constraints, economic benefits and costs to producers and industry, the price competitiveness of United States agricultural production, and levels of cleanliness met by major competing nations that export wheat, corn, barley, sorghum and soybeans; (II) promulgate regulations after providing for notice and an opportunity for public comment; and (III) phase in any requirements for cleanliness characteristics by incrementally decreasing the levels of the objectionable material permitted in shipments of grade number 3 or better wheat, corn, barley, sorghum and soybeans. (ii) Following the phase-in period referred to in clause (i)(III), subsequent revision of cleanliness requirements shall be conducted consistent with the schedule of the Secretary for reviewing grain standards. (C) If the Secretary determines to establish requirements for cleanliness characteristics under this section, the Secretary shall ensure that such requirements are fully implemented not later than 6 years after November 28, 1990. (c) Grade determining factors related to physical soundness and purity; notice and opportunity for comment (1) In establishing standards under subsection (a) of this section for each grain for which official grades are established, the Secretary shall establish for each such grain official grade- determining factors and factor limits that reflect the levels of soundness and purity that are consistent with end-use performance goals of the major foreign and domestic users of each such grain. Such factors and factor limits for grades number 3 and better shall provide users of such standards the best possible information from which to determine end-use product quality. The Secretary shall establish factors and factor limits that will provide that grain meeting the requirements for grades number 3 and better will perform in accordance with general trade expectations for the predominant uses of such grain. (2) In establishing factors and factor limits under paragraph (1), the Secretary shall provide for notice and an opportunity for public comment prior to making changes in the grade-determining factors and factor limits that shall be applicable under this section to grain that is officially graded. (d) Moisture content criterion If the Government of any country requests that moisture content remain a criterion in the official grade designations of grain, such criterion shall be included in determining the official grade designation of grain shipped to such country. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 4, 39 Stat. 483; Pub. L. 90- 487, Sec. 1, Aug. 15, 1968, 82 Stat. 762; Pub. L. 94-582, Sec. 5, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95-113, title XVI, Sec. 1604(c), Sept. 29, 1977, 91 Stat. 1027; Pub. L. 99-198, title XVI, Sec. 1671, Dec. 23, 1985, 99 Stat. 1632; Pub. L. 101-624, title XX, Secs. 2005, 2006, Nov. 28, 1990, 104 Stat. 3930; Pub. L. 103-156, Sec. 12(b), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II, Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.) -MISC1- AMENDMENTS 1994 - Subsecs. (a) to (c). Pub. L. 103-354 substituted "Secretary" for "Administrator" wherever appearing. 1993 - Subsec. (a)(1). Pub. L. 103-156, which directed amendment of "Section 4(a)(1)" by substituting "the judgment of the Administrator" for "his judgment", without specifying the name of the Act being amended, was executed to this section, which is section 4 of the United States Grain Standards Act, to reflect the probable intent of Congress. 1990 - Subsec. (b). Pub. L. 101-624, Sec. 2005, designated existing provisions as par. (1) and added par. (2). Subsecs. (c), (d). Pub. L. 101-624, Sec. 2006, added subsec. (c) and redesignated former subsec. (c) as (d). 1985 - Subsec. (c). Pub. L. 99-198 added subsec. (c). 1977 - Subsec. (a). Pub. L. 95-113 substituted "sorghum" for "grain sorghum", "standards or procedures" for "standards", "weight certification and controls" for "weight certification procedures and controls", and "calibration and maintenance, for grain" for "calibration and maintenance for grain". 1976 - Subsec. (a). Pub. L. 94-582, Sec. 5(a), authorized weighing of grain, designated existing provisions as cl. (1), inserted cl. (2), and reenacted provision for amendment or revocation of standards. Subsec. (b). Pub. L. 94-582, Sec. 5(b), substituted "Administrator" for "Secretary" in two places. 1968 - Pub. L. 90-487 substituted provisions authorizing Secretary to establish, amend, and revoke standards for provisions making the use of official standards compulsory, setting out exceptions, and providing for the right of appeal. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. BENEFITS AND COSTS ASSOCIATED WITH IMPROVED GRAIN QUALITY Section 2003 of title XX of Pub. L. 101-624 provided that: "The Administrator of the Federal Grain Inspection Service shall estimate the economic impact, including the benefits and costs and the distribution of such benefits and costs, of any major changes necessary to carry out the amendments made under this title to sections 4 and 13 of the United States Grain Standards Act (7 U.S.C. 76 and 87b) prior to making such changes." REVISION OF GRAIN INSPECTION PROCEDURES TO REFLECT LEVELS OF INSECT INFESTATION Pub. L. 99-641, title III, Sec. 304, Nov. 10, 1986, 100 Stat. 3565, provided that: "Not later than 6 months after the date of enactment of this Act [Nov. 10, 1986], the Administrator of the Federal Grain Inspection Service shall issue a final rule that revises grain inspection procedures and standards established under the United States Grain Standards Act (7 U.S.C. 71 et seq.) to more accurately reflect levels of insect infestation." STUDY OF UNIFORM END-USE VALUE TESTS FOR GRAIN Pub. L. 99-641, title III, Sec. 307, Nov. 10, 1986, 100 Stat. 3566, as amended by Pub. L. 104-66, title I, Sec. 1011(i), Dec. 21, 1995, 109 Stat. 710, provided that: "(a) Study. - The Secretary of Agriculture shall direct the Federal Grain Inspection Service and the Agricultural Research Service to conduct a study of the need for and availability of uniform end-use value tests for grain. The study shall include the following: "(1) A survey of domestic and foreign buyers of grain to identify the information about grain characteristics that would be most useful to such buyers. The survey shall take into account those factors that buyers specify in contracts, test for, measure, or would measure if tests were available, including - "(A) the starch, oil, and protein content, breakage susceptibility, and individual kernel moisture of corn; "(B) the baking characteristics, protein content, gluten content and quality, and milling hardness of wheat; and "(C) the protein, oil, and free-fatty-acid content of soybeans. "(2) A review of the development and availability of tests for the characteristics identified in the survey conducted under paragraph (1), including an evaluation of the costs of providing such tests. "(b) End-Use Tests. - "(1) Ongoing review. - The Secretary of Agriculture shall direct the Federal Grain Inspection Service and the Agricultural Research Service to maintain an ongoing review to determine the end-use tests that are of economic value to buyers, and the availability and costs of such tests. "(2) Revision of procedures. - The Administrator of the Federal Grain Inspection Service, to the extent practicable, shall revise official grain inspection and certification procedures to include within official inspection (as defined in section 3(i) of the United States Grain Standards Act (7 U.S.C. 75(i))) those tests that are identified under the study conducted under subsection (a) as useful, available, and economically feasible." NEW GRAIN CLASSIFICATIONS Section 1672 of Pub. L. 99-198 provided that: "(a) The Secretary of Agriculture shall direct the Federal Grain Inspection Service and the Agricultural Research Service to cooperate in developing new means of establishing grain classifications taking into account characteristics other than those visually evident. "(b) The Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, semiannually, with the first report due not later than December 31, 1985, on the status of cooperative efforts required under subsection (a), as such efforts relate to more accurately classifying types of wheat and other grains currently in use." INVESTIGATION AND STUDY REGARDING ADEQUACY OF GRAIN STANDARDS; CHANGES IN STANDARDS; REPORT TO CONGRESS BY OCTOBER 21, 1978 Section 24 of Pub. L. 94-582, which provided for investigation and study by Administrator of the Federal Grain Inspection Service regarding adequacy of grain standards established under this chapter in relation to needs and concerns of domestic and foreign grain buyers, with Administrator, as result of such study, to make necessary changes in grain standards, and to submit report to Congress setting forth findings of study and actions taken as result thereof not later than two years after Oct. 21, 1976, was repealed by Pub. L. 106-472, title I, Sec. 110(b), Nov. 9, 2000, 114 Stat. 2061. -End- -CITE- 7 USC Sec. 77 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 77. Official inspection and weighing requirements; waiver; supervision by representatives of Secretary -STATUTE- (a) Official samples and certificates; waiver; excepted grains Whenever standards or procedures are effective under section 76 of this title for any grain - (1) no person shall ship from the United States to any place outside thereof any lot of such grain, unless such lot is officially weighed and officially inspected in accordance with such standards or procedures, and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or the agent of the shipper, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Secretary may waive the foregoing requirement in emergency or other circumstances which would not impair the objectives of this chapter: Provided further, That the Secretary shall waive the requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Secretary prior to shipment; (2) except as the Secretary may provide in emergency or other circumstances which would not impair the objectives of this chapter, all other grain transferred out of and all grain transferred into an export elevator at an export port location shall be officially weighed in accordance with such standards or procedure: Provided, That, unless the shipper or receiver requests that the grain be officially weighed, intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed; and (3) except as otherwise authorized by the Secretary, whenever a lot of grain is both officially inspected and officially weighed while being transferred into or out of a grain elevator, warehouse, or other storage or handling facility, an official certificate shall be issued showing both the official grade designation and the certified weight of the lot of grain. (b) Supervision by representatives of Secretary All official inspection and official weighing, whether performed by authorized employees of the Secretary or any other person licensed under section 84 of this title, shall be supervised by representatives of the Secretary, in accordance with such regulations as the Secretary may provide. (c) Testing for aflatoxin contamination of corn shipped in foreign commerce The Secretary is authorized and directed to require that all corn exported from the United States be tested to ascertain whether it exceeds acceptable levels of aflatoxin contamination, unless the contract for export between the buyer and seller stipulates that aflatoxin testing shall not be conducted. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 5, 39 Stat. 483; Pub. L. 90- 487, Sec. 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94-582, Sec. 6, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95-113, title XVI, Sec. 1606(b), Sept. 29, 1977, 91 Stat. 1030; Pub. L. 96-437, Sec. 2, Oct. 13, 1980, 94 Stat. 1870; Pub. L. 101-624, title XX, Sec. 2007, Nov. 28, 1990, 104 Stat. 3931; Pub. L. 103-156, Sec. 12(c), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II, Sec. 293(a)(3), (7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106-472, title I, Sec. 101, Nov. 9, 2000, 114 Stat. 2059.) -MISC1- AMENDMENTS 2000 - Subsec. (a)(1). Pub. L. 106-472 struck out "(on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States)" after "officially inspected". 1994 - Pub. L. 103-354 substituted "employees of the Secretary" for "Service employees" in subsec. (b) and "Secretary" for "Administrator" wherever appearing. 1993 - Pub. L. 103-156, Sec. 12(c), which directed amendment of "Section 5", without specifying the name of the Act being amended, was executed to this section, which is section 5 of the United States Grain Standards Act, to reflect the probable intent of Congress. Subsec. (a)(1). Pub. L. 103-156, Sec. 12(c)(1), substituted "the agent of the shipper" for "his agent". Subsec. (b). Pub. L. 103-156, Sec. 12(c)(2), substituted "regulations as the Administrator" for "regulations as he". 1990 - Subsec. (c). Pub. L. 101-624 added subsec. (c). 1980 - Subsec. (a)(2). Pub. L. 96-437 inserted proviso that, unless the shipper or receiver requests that the grain be officially weighed, intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed. 1977 - Subsec. (a). Pub. L. 95-113 substituted "standards or procedures" for "standards" wherever appearing. 1976 - Subsec. (a). Pub. L. 94-582 designated existing provisions as par. (1) of subsec. (a); struck out "that is sold, offered for sale, or consigned for sale by grade" after "any lot of such grain"; inserted official weighing requirement; substituted "officially inspected (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States)" for "officially inspected in accordance with such standards on the basis of official samples taken after final elevation as the grain is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States"; required the certificate to show the certified weight of the lot of grain provided by official inspection personnel; substituted provision for waiver by the Administrator of requirement for official inspection certificate in emergency or other circumstances which would not impair the objectives of this chapter for provision for waiver by the Secretary of any requirement of this section with respect to shipments from or to any area or any other class of shipments when in his judgment it is impracticable to provide official inspection with respect to such shipments; inserted provision for waiver by Administrator of requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment; and added pars. (2) and (3) of subsec. (a). Subsec. (b). Pub. L. 94-582 added subsec. (b). 1968 - Pub. L. 90-487 substituted provisions requiring an official inspection for export grains but authorizing the waiver of such requirements when official inspection is impracticable for provisions prohibiting misrepresentation respecting grade shipped or delivered for shipment, allowing reexamination, requiring hearing in the event of a false or misleading description, and allowing publication of findings. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. -End- -CITE- 7 USC Sec. 78 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States -STATUTE- (a) Whenever standards relating to kind, class, quality, or condition of grain are effective under section 76 of this title for any grain no person shall in any sale, offer for sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade. (b) No person shall, in any sale, offer for sale, or consignment for sale, of any grain which involves the shipment of such grain from the United States to any place outside thereof, knowingly describe such grain by any official grade designation, or other description, which is false or misleading. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 6, 39 Stat. 484; Pub. L. 85- 509, July 11, 1958, 72 Stat. 352; Pub. L. 90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94-582, Sec. 7, Oct. 21, 1976, 90 Stat. 2870; Pub. L. 95-113, title XVI, Sec. 1606(c), Sept. 29, 1977, 91 Stat. 1030.) -MISC1- AMENDMENTS 1977 - Subsec. (a). Pub. L. 95-113 substituted "criteria" for "factor information". 1976 - Subsec. (a). Pub. L. 94-582 substituted "standards relating to kind, class, quality, or condition of grain" for "standards". 1968 - Pub. L. 90-487 substituted provisions requiring the use of official grade designations and prohibiting the use of false or misleading description of grain shipped out of the United States, for provisions allowing the appeal to the Secretary from official grading, authorizing the payment of additional fees for employees required in making appeal inspections, and making the findings prima facie evidence of the grain's true grade. 1958 - Pub. L. 85-509 authorized payment of employees assigned to perform appeal inspection for all overtime, night, or holiday work, and permitted acceptance of reimbursement for any sums paid for such work. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Section 2 of Pub. L. 90-487 provided that: "This Act [amending this section and sections 71, 74, 75, 76, 77, 79, 84, 85, 86, and 87 of this title and enacting sections 87a to 87h of this title] shall become effective one hundred and eighty days after enactment hereof [Aug. 15, 1968], except that the repeal of the mandatory inspection provisions with respect to grain shipped or delivered for shipment in interstate commerce shall become effective thirty days after enactment hereof, and the provisions of sections 6(a) and 13(a)(5) of the United States Grain Standards Act, as amended by this Act [subsec. (a) of this section and section 87b(a)(5) of this title] shall then become effective with respect to such grain." -End- -CITE- 7 USC Sec. 79 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 79. Official inspection -STATUTE- (a) Grain required to be officially inspected The Secretary is authorized to cause official inspection under the standards provided for in section 76 of this title to be made of all grain required to be officially inspected as provided in section 77 of this title, in accordance with such regulations as the Secretary may prescribe. (b) Inspections made pursuant to request of interested persons The Secretary is further authorized, upon request of any interested person, and under such regulations as the Secretary may prescribe, to cause official inspection to be made with respect to any grain whether by official sample, submitted sample, or otherwise within the United States under standards provided for in section 76 of this title, or, upon request of the interested person, under other criteria approved by the Secretary for determining the kind, class, quality, or condition of grain, or other facts relating to grain, whenever in the judgment of the Secretary providing such service will effectuate any of the objectives stated in section 74 of this title. (c) Reinspections and appeals; cancellation of superseded certificates; sale of samples The regulations prescribed by the Secretary under this chapter shall include provisions for reinspections and appeal inspections; cancellation and surrender of certificates superseded by reinspections and appeal inspections; and the use of standard forms for official certificates. The Secretary may provide by regulation that samples obtained by or for employees of the Secretary for purposes of official inspection shall become the property of the United States, and such samples may be disposed of without regard to the provisions of the Federal Property and Administrative Services Act of 1949, as amended.(!1) (d) Official certificates as evidence Official certificates setting out the results of official inspection issued and not canceled under this chapter shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the facts stated therein. (e) Official inspection at export port locations; delegation of authority to State agencies (1) Except as otherwise provided in paragraph (2) of this subsection, the Secretary shall cause official inspection at export port locations, for all grain required or authorized to be inspected by this chapter, to be performed by official inspection personnel employed by the Secretary or other persons under contract with the Secretary as provided in section 84 of this title. (2) If the Secretary determines, pursuant to paragraph (3) of this subsection, that a State agency is qualified to perform official inspection, meets the criteria in subsection (f)(1)(A) of this section, and (A) was performing official inspection at an export port location under this chapter on July 1, 1976, or (B)(i) performed official inspection at an export port location at any time prior to July 1, 1976, (ii) was designated under subsection (f) of this section on December 22, 1982, to perform official inspections at locations other than export port locations, and (iii) operates in a State from which total annual exports of grain do not exceed, as determined by the Secretary, 5 per centum of the total amount of grain exported from the United States annually, the Secretary may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) at export port locations within the State, including export port locations which may in the future be established, subject to such rules, regulations, instructions, and oversight as the Secretary may prescribe, and any such official inspection shall continue to be the direct responsibility of the Secretary. Any such delegation may be revoked by the Secretary, at the discretion of the Secretary, at any time upon notice to the State agency without opportunity for a hearing. (3) Prior to delegating authority to a State agency for the performance of official inspection at export port locations pursuant to paragraph (2) of this subsection, the Secretary shall (A) conduct an investigation to determine whether such agency is qualified, and (B) make findings based on such investigation. In conducting the investigation, the Secretary shall consult with, and review the available files of the Department of Justice, the Office of Investigation of the Department of Agriculture (or such other organization or agency within the Department of Agriculture which may be delegated the authority, in lieu thereof, to conduct investigations on behalf of the Department of Agriculture), and the Government Accountability Office. (4) The Secretary may provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States shall be inspected in the manner provided in this subsection or subsection (f) of this section, as the Secretary determines will best meet the objectives of this chapter. (f) Official inspections at other than export port locations; designation of agencies or persons to conduct official inspections (1) With respect to official inspections other than at export port locations, the Secretary is authorized, upon application by any State or local governmental agency, or any person, to designate such agency or person as an official agency for the conduct of all or specified functions involved in official inspection (other than appeal inspection) at locations where the Secretary determines official inspection is needed, if - (A) the agency or person shows to the satisfaction of the Secretary that such agency or person - (i) has adequate facilities and qualified personnel for the performance of such official inspection functions; (ii) will provide for the periodic rotation of official inspection personnel among the grain elevators, warehouses, or other storage or handling facilities at which the State or person provides official inspection, as is necessary to preserve the integrity of the official inspection service; (iii) will meet training requirements and personnel standards established by the Secretary under section 84(g) of this title; (iv) will otherwise conduct such training and provide such supervision of its personnel as are necessary to assure that they will provide official inspection in accordance with this chapter and the regulations and instructions thereunder; (v) will not charge official inspection fees that are discriminatory or unreasonable; (vi) if a State or local governmental agency, will not use any moneys collected pursuant to the charging of fees for any purpose other than the maintenance of the official inspection operation of the State or local governmental agency; (vii) and any related entities do not have a conflict of interest prohibited by section 87 of this title; (viii) will maintain complete and accurate records of its organization, staffing, official activities, and fiscal operations, and such other records as the Secretary may require by regulation; (ix) if a State or local governmental agency, will employ personnel on the basis of job qualifications rather than political affiliations; (x) will comply with all provisions of this chapter and the regulations and instructions thereunder; and (xi) meets other criteria established in regulations issued under this chapter relating to official functions under this chapter; and (B) the Secretary determines that the applicant is better able than any other applicant to provide official inspection service. (2) Geographic boundaries for official agencies. - Not more than one official agency designated under paragraph (1) or State delegated authority under subsection (e)(2) of this section to carry out the inspection provisions of this chapter shall be operative at the same time in any geographic area defined by the Secretary, except that, if the Secretary determines that the presence of more than one designated official agency in the same geographic area will not undermine the policy stated in section 74 of this title, the Secretary may - (A) allow more than one designated official agency to carry out inspections within the same geographical area as part of a pilot program; and (B) allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if the Secretary also determines that - (i) the current designated official agency for that geographic area is unable to provide inspection services in a timely manner; (ii) a person requesting inspection services in that geographic area has not been receiving official inspection services from the current designated official agency for that geographic area; or (iii) a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot basis. (3) Except as authorized by the Secretary, no official agency or State delegated authority pursuant to subsection (e)(2) of this section shall officially inspect under this chapter any official or other sample drawn from a lot of grain and submitted for inspection unless such lot of grain is physically located within the geographic area assigned to the agency by the Secretary at the time such sample is drawn. (4) No State or local governmental agency or person shall provide any official inspection for the purposes of this chapter except pursuant to an unsuspended and unrevoked delegation of authority or designation by the Secretary, as provided in this section, or as provided in section 84(a) of this title. (g) Termination, renewal, amendment, cancellation, and revocation of designations of official agencies (1) Designations of official agencies shall terminate at such time as specified by the Secretary but not later than triennially and may be renewed in accordance with the criteria and procedure prescribed in subsection (f) of this section. (2) A designation of an official agency may be amended at any time upon application by the official agency if the Secretary determines that the amendment will be consistent with the provisions and objectives of this chapter; and a designation will be cancelled upon request by the official agency with ninety days written notice to the Secretary. A fee as prescribed by regulations of the Secretary shall be paid by the official agency to the Secretary for each such amendment, to cover the costs incurred by the Secretary in connection therewith, and it shall be deposited in the fund created in subsection (j) of this section. (3) The Secretary may revoke a designation of an official agency whenever, after opportunity for hearing is afforded the agency, the Secretary determines that the agency has failed to meet one or more of the criteria specified in subsection (f) of this section or the regulations under this chapter for the performance of official functions, or otherwise has not complied with any provision of this chapter or any regulation prescribed or instruction issued to such agency under this chapter, or has been convicted of any violation of other Federal law involving the handling or official inspection of grain: Provided, That the Secretary may, without first affording the official agency an opportunity for a hearing, suspend any designation pending final determination of the proceeding whenever the Secretary has reason to believe there is cause for revocation of the designation and considers such action to be in the best interest of the official inspection system under this chapter. The Secretary shall afford any such agency an opportunity for a hearing within thirty days after temporarily suspending such designation. (h) Official inspections at locations other than export port locations when designated official agencies are not available If the Secretary determines that official inspection by an official agency designated under subsection (f) of this section is not available on a regular basis at any location (other than at an export port location) where the Secretary determines such inspection is needed to effectuate the objectives stated in section 74 of this title, and that no official agency within reasonable proximity to such location is willing to provide or has or can acquire adequate personnel and facilities for providing such service on an interim basis, official inspection shall be provided by authorized employees of the Secretary, and other persons licensed by the Secretary to perform official inspection functions, as provided in section 84 of this title, until such time as the service can be provided on a regular basis by an official agency. (i) Official inspections in Canadian ports The Secretary is authorized to cause official inspection under this chapter to be made, as provided in subsection (a) of section 77 of this title, in Canadian ports of United States export grain transshipped through Canadian ports, and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such inspection. All or specified functions of such inspections shall be performed by official inspection personnel employed by the Secretary or, except for appeals, by persons operating under a contract with the Secretary or as otherwise provided by agreement with the Canadian Government. (j) Fees; establishment, amount, payment, etc. (1) The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Secretary incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Secretary incident to its (!2) performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official inspection of grain. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this chapter. (2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the estimated costs incurred by the Secretary relating to supervision of official agency personnel and supervision by the Secretary of the Secretary's field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 85, 86, and 87c of this title. The fees shall be payable after the services are performed at such times as specified by the Secretary and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Secretary, of the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum. (3) Any sums collected or received by the Secretary under this chapter and deposited to the fund created in paragraph (1) of this subsection and any late payment penalties collected by the Secretary and credited to such fund may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. The interest earned on such sums and any late payment penalties collected by the Secretary shall be credited to the fund and shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this chapter. (4) The duties imposed by paragraph (2) on designated official agencies and State agencies described in such paragraph and the investment authority provided by paragraph (3) shall expire on September 30, 2015. After that date, the fees established by the Secretary pursuant to paragraph (1) shall not cover administrative and supervisory costs related to the official inspection of grain. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 7, 39 Stat. 484; Pub. L. 90- 487, Sec. 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94-582, Sec. 8, formerly Sec. 8(a), Oct. 21, 1976, 90 Stat. 2870, renumbered Pub. L. 106-472, title I, Sec. 110(a)(1), Nov. 9, 2000, 114 Stat. 2060; Pub. L. 95-113, title XVI, Secs. 1602(a), 1604(d), 1606(d), Sept. 29, 1977, 91 Stat. 1025, 1027, 1030; Pub. L. 97-35, title I, Sec. 155(1), Aug. 13, 1981, 95 Stat. 371; Pub. L. 97-98, title IX, Sec. 1113(a), Dec. 22, 1981, 95 Stat. 1268; Pub. L. 98-469, Sec. 2(1), Oct. 11, 1984, 98 Stat. 1831; Pub. L. 100-518, Sec. 2(1), Oct. 24, 1988, 102 Stat. 2584; Pub. L. 103-156, Secs. 4(a), 5(a), 12(d), 14(a), Nov. 24, 1993, 107 Stat. 1525, 1526, 1528, 1529; Pub. L. 103- 354, title II, Sec. 293(a)(4), (7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106-472, title I, Secs. 102(a), 103(a), Nov. 9, 2000, 114 Stat. 2059, 2060; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109-83, Sec. 1(a), Sept. 30, 2005, 119 Stat. 2053.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property, and Works. -COD- CODIFICATION Section as originally enacted was composed of part of section 7 of part B of act Aug. 11, 1916. Other provisions of section 7 were classified to former sections 80 to 83 of this title. -MISC1- AMENDMENTS 2005 - Subsec. (j)(4). Pub. L. 109-83 substituted "2015" for "2005". 2004 - Subsec. (e)(3). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". 2000 - Subsec. (f)(2). Pub. L. 106-472, Sec. 102(a), added heading and text of par. (2) and struck out former par. (2) which read as follows: "Not more than one official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter shall be operative at one time for any geographic area as determined by the Secretary to effectuate the objectives stated in section 74 of this title, except that the Secretary may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title." Subsec. (j)(4). Pub. L. 106-472, Sec. 103(a), substituted "2005" for "2000" in first sentence. 1994 - Pub. L. 103-354 substituted "supervision by the Secretary of the Secretary's field office personnel" for "supervision of Service personnel of its field office personnel" in first sentence of subsec. (j)(2) and substituted "Secretary" for "Administrator" and "Service" wherever appearing. 1993 - Pub. L. 103-156, Sec. 12(d), which directed amendment of "Section 7", without specifying the name of the Act being amended, was executed to this section, which is section 7 of the United States Grain Standards Act, to reflect the probable intent of Congress. Subsec. (a). Pub. L. 103-156, Sec. 12(d)(1), substituted "regulations as the Administrator" for "regulations as he". Subsec. (b). Pub. L. 103-156, Sec. 12(d)(2), substituted "regulations as the Administrator" for "regulations as he" and "the judgment of the Administrator" for "his judgment". Subsec. (e)(2). Pub. L. 103-156, Sec. 12(d)(3), substituted "oversight as the Administrator" for "oversight as he" and "the discretion of the Administrator" for "his discretion". Subsec. (f)(1)(A)(vi). Pub. L. 103-156, Sec. 4(a)(1), substituted "of the State" for "or other agricultural programs operated by the State". Subsec. (f)(2). Pub. L. 103-156, Sec. 5(a), inserted before period at end ", except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title". Subsec. (i). Pub. L. 103-156, Sec. 4(a)(2), inserted before period at end "or as otherwise provided by agreement with the Canadian Government". Subsec. (j)(4). Pub. L. 103-156, Sec. 14(a), added par. (4). 1988 - Subsec. (j). Pub. L. 100-518 reenacted subsec. (j) without change. 1984 - Subsec. (j)(3). Pub. L. 98-469 temporarily added par. (3). See Effective and Termination Dates of 1984 Amendment note below. 1981 - Subsec. (e)(2). Pub. L. 97-98 inserted provision authorizing the Administrator to delegate authority to perform grain inspection functions at export port locations to any State agency that performed official inspection at an export port location at any time prior to July 1, 1976, was designated under subsec. (f) of this section on Dec. 22, 1981, to perform inspections at locations other than export port locations, and operates in a State from which the total annual exports of grain do not exceed 5 per centum of the total amount of grain exported from the United States. Subsec. (j). Pub. L. 97-35 temporarily designated existing provisions as par. (1), made changes in nomenclature and provided for inclusion, rather than exclusion, of administrative and supervisory costs, and added par. (2). See Effective and Termination Dates of 1981 Amendments note below. 1977 - Subsec. (b). Pub. L. 95-113, Sec. 1606(d), struck out reference to a determination of the quantity of sacks of grain. Subsec. (e). Pub. L. 95-113, Sec. 1604(d)(1), designated as par. (4) provisions, formerly forming a part of par. (2), authorizing the Administrator to provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States be inspected in the manner provided in this subsection or subsec. (f) of this section, as the Administrator determines best meets the objectives of this chapter. Subsec. (f)(2). Pub. L. 95-113, Sec. 1604(d)(2), substituted "official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter" for "official agency for carrying out the provisions of this chapter", struck out ", but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968" after "section 74 of this title", and redesignated other existing provisions as pars. (3) and (4). Subsec. (f)(3). Pub. L. 95-113, Sec. 1604(d)(2)(B), (C), redesignated a portion of existing par. (2) as (3) and substituted "Except as authorized by the Administrator, no" for "No". Subsec. (f)(4). Pub. L. 95-113, Sec. 1604(d)(2)(D), redesignated a portion of existing par. (2) as (4). Subsec. (g)(1). Pub. L. 95-113, Sec. 1604(d)(3), substituted "prescribed in subsection (f)" for "prescribed in subsections (e) and (f)". Subsec. (i). Pub. L. 95-113, Sec. 1604(d)(4), inserted provision that all or specified functions of the inspections be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service. Subsec. (j). Pub. L. 95-113, Sec. 1602(a), revised provisions relating to fees so as to remove requirement that field supervision of inspection be supported by fees. 1976 - Subsec. (a). Pub. L. 94-582, Sec. 8(1), formerly Sec. 8(a)(1), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), substituted "Administrator" for "Secretary". Subsec. (b). Pub. L. 94-582, Sec. 8(1), (2), formerly Sec. 8(a)(1), (2), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), substituted "Administrator" for "Secretary" in two places and struck out from first sentence "or with respect to United States grain in Canadian ports" after "within the United States". Subsec. (c). Pub. L. 94-582, Sec. 8(1), (3), formerly Sec. 8(a)(1), (3), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), substituted "Administrator" for "Secretary" in two places; and substituted "Service" for "Department of Agriculture" and "cancellation and surrender" for "cancellation" and required regulation provision for use of standard forms for official certificates, respectively. Subsec. (d). Pub. L. 94-582, Sec. 8(4), formerly Sec. 8(a)(4), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), substituted "Official certificates setting out the results of official inspection" for "Certificates". Subsec. (e). Pub. L. 94-582, Sec. 8(5), formerly Sec. 8(a)(5), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), added subsec. (e) and struck out former subsec. (e) which authorized charging and collection of reasonable fees to cover cost of official inspection and to cover costs of Department of Agriculture incident to performance of appeal and Canadian port inspection services for which fees are collected, including supervisory and administrative costs, and for deposit of fees and proceeds from sale of samples obtained for purposes of official inspection which become property of the United States into a fund to be available without fiscal year limitation for expenses of the Department of Agriculture incident to providing official inspection services. Fee provisions are now covered in subsec. (j)(2) of this section. Subsec. (f). Pub. L. 94-582, Sec. 8(5), formerly Sec. 8(a)(5), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), added par. (1) and second and third sentences of par. (2), and designated existing provisions as par. (2), substituting "one official agency for carrying out the provisions of this chapter shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 74 of this title" for "one inspection agency for carrying out the provisions of this section shall be operative at one time for any one city, town, or other area". Subsecs. (g) to (j). Pub. L. 94-582, Sec. 8(5), formerly Sec. 8(a)(5), as renumbered by Pub. L. 106-472, Sec. 110(a)(1), added subsecs. (g) to (j). 1968 - Pub. L. 90-487 substituted provisions covering the authority and funding of official inspections for provisions covering the licensing of inspectors and the utilization by the Secretary of Agriculture of State inspectors. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109-83, Sec. 1(b), Sept. 30, 2005, 119 Stat. 2053, provided that: "The amendments made by subsection (a) [amending this section and sections 79a, 79d, 87h, and 87j of this title] take effect on September 30, 2005." EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-472, title I, Sec. 111, Nov. 9, 2000, 114 Stat. 2061, provided that: "The amendments made by sections 103, 105, 108, and 109 [amending this section and sections 79a, 79d, 87h, and 87j of this title] shall take effect as if enacted on September 30, 2000." EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT That part of section 2 of Pub. L. 100-518 which provided that the amendment made by Pub. L. 100-518 was effective for period Oct. 1, 1988, through Sept. 30, 1993, inclusive, was repealed by Pub. L. 103-156, Secs. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993. EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENT Section 2 of Pub. L. 98-469 provided that the amendment made by Pub. L. 98-469 is effective for period beginning Oct. 11, 1984, and ending Sept. 30, 1988. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENTS Section 1113(b) of Pub. L. 97-98 provided that: "The provisions of this section [amending this section] shall become effective one hundred and eighty days after enactment of this Act [Dec. 22, 1981]." Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, Sec. 1, Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub. L. 97-35 is effective for period beginning Oct. 1, 1981, and ending Sept. 30, 1988. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. INVESTIGATIONS AND STUDIES OF GRAIN INSPECTION AND WEIGHING IN INTERIOR OF UNITED STATES; COMPLETION OF STUDIES AND SUBMISSION OF REPORTS BY MAY 20, 1979, AND NOV. 20, 1979, RESPECTIVELY Section 8(b) of Pub. L. 94-582, as amended by Pub. L. 95-113, title XVI, Secs. 1605(a), 1607(a), Sept. 29, 1977, 91 Stat. 1029, 1031, which directed the Administrator of the Federal Grain Inspection Service, the Director of the Office of Investigation of the United States Department of Agriculture, and the Comptroller General of the United States to severally conduct investigations into and study grain inspection and weighing in the interior of the United States, and required the Administrator and Director to submit reports to Congress not later than 30 months after Oct. 21, 1976, and the Comptroller General to submit a report not later than three years after Oct. 21, 1976, was repealed by Pub. L. 106-472, title I, Sec. 110(a)(2), Nov. 9, 2000, 114 Stat. 2060. -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be "the Secretary's". -End- -CITE- 7 USC Sec. 79a 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 79a. Weighing authority -STATUTE- (a) Official weighing in accordance with prescribed regulations The Secretary shall cause official weighing under standards or procedures provided for in section 76 of this title to be made of all grain required to be officially weighed as provided in section 77 of this title, in accordance with such regulations as the Secretary may prescribe. (b) Official weighing or supervision of weighing at grain elevators, warehouses, or other storage or handling facilities located other than at export elevators at export port locations The Secretary is authorized to cause official weighing or supervision of weighing under standards or procedures provided in section 76 of this title to be performed at any grain elevator, warehouse, or other storage or handling facility located other than at export elevators at export port locations at which official inspection is provided pursuant to the provisions of this chapter, in such manner as the Secretary deems appropriate and under such regulations as the Secretary may provide. (c) Personnel performing official weighing or supervision of weighing at locations at which official inspection is provided (1) With respect to official weighing or supervision of weighing for locations at which official inspection is provided by the Secretary, the Secretary shall cause such official weighing or supervision of weighing to be performed by official inspection personnel employed by the Secretary. (2) With respect to official weighing or supervision of weighing for any location at which official inspection is provided other than by the Secretary, the Secretary is authorized, with respect to export port locations, to delegate authority to perform official weighing or supervision of weighing to the State agency providing official inspection service at such location, and with respect to any other location, to designate the agency or person providing official inspection service at such location to perform official weighing or supervision of weighing, if such agency or person qualifies for a delegation of authority or designation under section 79 of this title, except that where the term "official inspection" is used in such section it shall be deemed to refer to "official weighing" or "supervision of weighing" under this section. If such agency or person is not available to perform such weighing services, or the Secretary determines that such agency or person is not qualified to perform such weighing services, then (A) at export port locations official weighing or supervision of weighing shall be performed by official inspection personnel employed by the Secretary, and (B) at any other location, the Secretary is authorized to cause official weighing or supervision of weighing to be performed by official inspection personnel employed by the Secretary or designate any State or local governmental agency, or any person to perform official weighing or supervision of weighing, if such agency or person meets the same criteria that agencies must meet to be designated to perform official inspection as set out in section 79 of this title, except that where the term "official inspection" is used in such section it shall be deemed to refer to "official weighing" or "supervision of weighing" under this section. Delegations and designations made pursuant to this subsection shall be subject to the same provisions for delegations and designations set forth in subsection (g) of section 79 of this title. (d) Official weighing in Canadian ports The Secretary is authorized to cause official weighing under this chapter to be made, as provided in subsection (a) of section 77 of this title, in Canadian ports of United States export grain transshipped through Canada; and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such official weighing. All or specified functions of such weighing shall be performed by official inspection personnel employed by the Secretary or, except for appeals, by persons operating under a contract with the Secretary or as otherwise provided by agreement with the Canadian Government. (e) Official weighing or supervision of weighing upon request of operators of grain elevators, warehouses, or other storage or handling facilities The Secretary is further authorized to cause official weighing or supervision of weighing under standards or procedures provided for in section 76 of this title to be made at grain elevators, warehouses, or other storage or handling facilities not subject to subsection (a) or (b) of this section, upon request of the operator of such grain elevator, warehouse, or other storage or handling facility and in accordance with such regulations as the Secretary may prescribe. (f) Demonstrated willingness of operators of grain elevators, warehouses, or other storage or handling facilities to meet equipment and personnel requirements No official weighing or supervision of weighing shall be provided for the purposes of this chapter at any grain elevator, warehouse, or other storage or handling facility until such time as the operator of the facility has demonstrated to the satisfaction of the Secretary that the operator (1) has and will maintain, in good order, suitable grain-handling equipment and accurate scales for all weighing of grain at the facility, in accordance with the regulations of the Secretary; (2) will permit only competent persons with a reputation for honesty and integrity and who are approved by the Secretary to operate the scales and to handle grain in connection with weighing of the grain, in accordance with this chapter; (3) when weighing is to be done by persons other than official inspection personnel, will require such persons to operate the scales in accordance with the regulations of the Secretary and to require that each lot of grain for delivery from any railroad car, truck, barge, vessel, or other means of conveyance at the facility is entirely removed from such means of conveyance and delivered to the scales without avoidable waste or loss, and each lot of grain weighed at the elevator for shipment from the facility is entirely delivered to the means of conveyance for which intended, and without avoidable waste or loss, in accordance with the regulations of the Secretary; (4) will provide all assistance needed by the Secretary for making any inspection or examination and carrying out other functions at the facility pursuant to this chapter; and (5) will comply with all other requirements of this chapter and the regulations hereunder. (g) Official certificates as evidence Official certificates setting out the results of official weighing or supervision of weighing, issued and not cancelled under this chapter, shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the facts stated therein. (h) Weighing prohibited when not in accordance with prescribed procedures No State or local governmental agency or person shall weigh or state in any document the weight of grain determined at a location where official weighing is required to be performed as provided for in this section except in accordance with the procedures prescribed pursuant to this section. (i) Unauthorized weighing prohibited (1) In general No State or local governmental agency or person other than an authorized employee of the Secretary shall perform official weighing or supervision of weighing for the purposes of this chapter except in accordance with the provisions of an unsuspended and unrevoked delegation of authority or designation by the Secretary as provided in this section or as otherwise provided in section 79(i) of this title and subsection (d) of this section. (2) Geographic boundaries for official agencies Not more than one designated official agency referred to in paragraph (1) or State agency delegated authority pursuant to subsection (c)(2) of this section to carry out the weighing provisions of this chapter shall be operative at the same time in any geographic area defined by the Secretary, except that, if the Secretary determines that the presence of more than one designated official agency in the same geographic area will not undermine the policy stated in section 74 of this title, the Secretary may - (A) allow more than one designated official agency to carry out the weighing provisions within the same geographical area as part of a pilot program; and (B) allow a designated official agency to cross boundary lines to carry out the weighing provisions in another geographic area if the Secretary also determines that - (i) the current designated official agency for that geographic area is unable to provide the weighing services in a timely manner; or (ii) a person requesting weighing services in that geographic area has not been receiving official weighing services from the current designated official agency for that geographic area. (j) Authority under United States Warehouse Act not limited The provisions of this section shall not limit any authority vested in the Secretary under the United States Warehouse Act (39 Stat. 486, as amended; 7 U.S.C. 241 et seq.). (k) Access to elevators, warehouses, or their storage or handling facilities The representatives of the Secretary shall be afforded access to any elevator, warehouse, or other storage or handling facility from which grain is delivered for shipment in interstate or foreign commerce or to which grain is delivered from shipment in interstate or foreign commerce and all facilities therein for weighing grain. (l) Fees; establishment, amount, payment, etc. (1) The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees to cover the estimated costs to the Secretary incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Secretary incident to performance of its (!1) functions related to weighing, including administrative and supervisory costs directly related thereto. Such fees shall be deposited into the fund created in section 79(j) of this title. (2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the costs incurred by the Secretary relating to supervision of the agency personnel and supervision by the Secretary of the Secretary's field office personnel incurred as a result of the functions performed by such agencies, except costs incurred under sections 79(g)(3), 85, 86, and 87c of this title. The fees shall be payable after the services are performed at such times as specified by the Secretary and shall be deposited in the fund created in section 79(j) of this title. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Secretary, of the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum. (3) The authority provided to the Secretary by paragraph (1) and the duties imposed by paragraph (2) on agencies and other persons described in such paragraph shall expire on September 30, 2015. After that date, the Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Secretary incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. The fees authorized by this paragraph shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this chapter. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 7A, as added Pub. L. 94-582, Sec. 9, Oct. 21, 1976, 90 Stat. 2875; amended Pub. L. 95-113, title XVI, Secs. 1602(b), 1604(e), 1606(e), Sept. 29, 1977, 91 Stat. 1025, 1027, 1030; Pub. L. 97-35, title I, Sec. 155(2), Aug. 13, 1981, 95 Stat. 371; Pub. L. 100-518, Sec. 2(2), Oct. 24, 1988, 102 Stat. 2585; Pub. L. 103-156, Secs. 4(b), 5(b), 12(e), 14(b), Nov. 24, 1993, 107 Stat. 1526, 1528, 1530; Pub. L. 103-354, title II, Sec. 293(a)(4), (7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106-472, title I, Secs. 102(b), 103(b), Nov. 9, 2000, 114 Stat. 2059, 2060; Pub. L. 109-83, Sec. 1(a), Sept. 30, 2005, 119 Stat. 2053.) -REFTEXT- REFERENCES IN TEXT The United States Warehouse Act, referred to in subsec. (j), is part C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, as amended, which is classified generally to chapter 10 (Sec. 241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 241 of this title and Tables. -MISC1- AMENDMENTS 2005 - Subsec. (l)(3). Pub. L. 109-83 substituted "2015" for "2005". 2000 - Subsec. (i). Pub. L. 106-472, Sec. 102(b), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, struck out second sentence, which prohibited more than one official agency or State delegated authority from operating at one time in any geographic area except as permitted in pilot programs, and added par. (2). Subsec. (l)(3). Pub. L. 106-472, Sec. 103(b), substituted "2005" for "2000" in first sentence. 1994 - Pub. L. 103-354 substituted "supervision by the Secretary of the Secretary's field office personnel" for "supervision by Service personnel of its field office personnel" in first sentence of subsec. (l)(2) and substituted "Secretary" for "Administrator" and "Service" wherever appearing in subsecs. (a) to (f) and (i) to (l). 1993 - Subsec. (c)(2). Pub. L. 103-156, Sec. 4(b)(1), in second sentence, substituted " 'official weighing' or 'supervision of weighing' " for " 'supervision of weighing' ". Subsec. (d). Pub. L. 103-156, Sec. 4(b)(2), inserted before period at end of second sentence "or as otherwise provided by agreement with the Canadian Government". Subsec. (e). Pub. L. 103-156, Sec. 12(e), which directed amendment of "Section 7A(e)" by substituting "regulations as the Administrator" for "regulations as he", without specifying the name of the Act being amended, was executed to this section, which is section 7A of the United States Grain Standards Act, to reflect the probable intent of Congress. Subsec. (i). Pub. L. 103-156, Secs. 4(b)(3), 5(b), inserted before period at end of first sentence "or as otherwise provided in section 79(i) of this title and subsection (d) of this section" and inserted before period at end of second sentence ", except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out the weighing provisions within a single geographic area without undermining the policy stated in section 74 of this title". Subsec. (l)(3). Pub. L. 103-156, Sec. 14(b), added par. (3). 1988 - Subsec. (l). Pub. L. 100-518 amended subsec. (l) generally, substituting "cover the costs of the Service" for "cover the costs of the service" in par. (1). 1981 - Subsec. (l). Pub. L. 97-35 temporarily designated existing provisions as par. (1), made changes in nomenclature, provided for inclusion, rather than exclusion, of administrative and supervisory costs, and struck out provisions respecting availability of deposited funds, and added par. (2). See Effective and Termination Dates of 1981 Amendment note below. 1977 - Subsec. (a). Pub. L. 95-113, Sec. 1606(e), substituted "standards or procedures" for "standards". Subsec. (b). Pub. L. 95-113, Secs. 1604(e)(1), 1606(e), substituted "The Administrator is authorized to cause official weighing or supervision of weighing under standards or procedures" for "The Administrator is authorized to cause supervision of weighing under standards" and "other than at export elevators at export port locations" for "other than at export port locations". Subsec. (c)(2). Pub. L. 95-113, Sec. 1604(e)(2), made technical amendments to conform par. (2) to increased authority granted in subsec. (b) to cause official weighing as well as supervision of weighing at interior inspection points and corrected a typographical error in which "number" had been erroneously used for "under" in text as originally enacted by Pub. L. 94-582. Subsec. (d). Pub. L. 95-113, Sec. 1604(e)(3), inserted requirement that all or specified functions of Canadian weighing be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service. Subsec. (e). Pub. L. 95-113, Secs. 1604(e)(4), 1606(e), substituted "under standards or procedures provided" for "under standards provided" and struck out provisions which had required that the weighing service not be provided for periods of less than a year, that the fees therefor be set separately from the fees provided for in subsec. (l), and that they be reasonable, nondiscriminatory, and equal, as nearly as possible, to the cost of providing the service. Subsec. (f)(2). Pub. L. 95-113, Sec. 1604(e)(5)(A), substituted "permit only competent persons with a reputation for honesty and integrity and who are approved by the Administrator" for "employ only competent persons with a reputation for honesty and integrity". Subsec. (f)(3). Pub. L. 95-113, Sec. 1604(e)(5)(B), substituted "when weighing is to be done by persons other than official inspection personnel, will require such persons to operate the scales" for "when weighing is to be done by employees of the facility, will require employees to operate the scales". Subsec. (g). Pub. L. 95-113, Sec. 1604(e)(6), substituted "official weighing or supervision of weighing" for "official weighing". Subsec. (i). Pub. L. 95-113, Sec. 1604(e)(7), (8), substituted "No State or local governmental agency" for "No State" and inserted provision that not more than one official agency or State delegated authority pursuant to subsection (c)(2) of this section for carrying out the weighing provisions of this chapter be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 74 of this title. Subsec. (l). Pub. L. 95-113, Sec. 1602(b), revised provisions relating to fees so as to remove requirement that field supervision of weighing be supported by fees. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by section 103(b) of Pub. L. 106-472 effective as if enacted Sept. 30, 2000, see section 111 of Pub. L. 106-472, set out as a note under section 79 of this title. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT That part of section 2 of Pub. L. 100-518 which provided that the amendment made by Pub. L. 100-518 was effective for period Oct. 1, 1988, through Sept. 30, 1993, inclusive, was repealed by Pub. L. 103-156, Secs. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, Sec. 1, Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub. L. 97-35 is effective for period beginning Oct. 1, 1981, and ending Sept. 30, 1988. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE Section effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as an Effective Date of 1976 Amendment note under section 74 of this title. -FOOTNOTE- (!1) So in original. Probably should be "the Secretary's". -End- -CITE- 7 USC Sec. 79b 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 79b. Testing of equipment -STATUTE- (a) Random and periodic testing at least annually; fees The Secretary shall provide for the testing of all equipment used in the sampling, grading, inspection, and weighing for the purpose of official inspection, official weighing, or supervision of weighing of grain located at all grain elevators, warehouses, or other storage or handling facilities at which official inspection or weighing services are provided under this chapter, to be made on a random and periodic basis, under such regulations as the Secretary may prescribe, as the Secretary deems necessary to assure the accuracy and integrity of such equipment. Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Secretary incident to the performance of such testing by employees of the Secretary. Such fees shall be deposited into the fund created by section 79(j) of this title. (b) Personnel to conduct testing The Secretary is authorized to cause such testing provided for in subsection (a) of this section to be performed (1) by personnel employed by the Secretary, or (2) by States, political subdivisions thereof, or persons under the supervision of the Secretary, under such regulations as the Secretary may prescribe. (c) Use of non-approved equipment prohibited Notwithstanding any other provision of law, no person shall use for the purposes of this chapter any such equipment not approved by the Secretary. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 7B, as added Pub. L. 94-582, Sec. 9, Oct. 21, 1976, 90 Stat. 2877; amended Pub. L. 95-113, title XVI, Sec. 1604(f), Sept. 29, 1977, 91 Stat. 1028; Pub. L. 103-156, Sec. 12(f), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II, Sec. 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106- 472, title I, Sec. 104, Nov. 9, 2000, 114 Stat. 2060.) -MISC1- AMENDMENTS 2000 - Subsec. (a). Pub. L. 106-472 struck out "but at least annually and" before "under such regulations" in first sentence. 1994 - Pub. L. 103-354 substituted "Secretary" for "Administrator" and "Service" wherever appearing. 1993 - Subsec. (a). Pub. L. 103-156, which directed amendment of "Section 7B(a)" by substituting "as the Administrator deems necessary" for "as he deems necessary", without specifying the name of the Act being amended, was executed to this section, which is section 7B of the United States Grain Standards Act, to reflect the probable intent of Congress. 1977 - Subsec. (a). Pub. L. 95-113, Sec. 1604(f)(1), (2), substituted "and weighing for the purpose of official inspection, official weighing, or supervision of weighing of grain located at all grain elevators" for "and weighing of grain located at all grain elevators" and inserted provisions that regulations provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of testing by employees of the Service and that the fees be deposited into the fund created by section 79(j) of this title. Subsec. (c). Pub. L. 95-113, Sec. 1604(f)(3), substituted "shall use for the purposes of this chapter" for "shall use". EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as a note under section 1307 of this title. EFFECTIVE DATE Section effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as an Effective Date of 1976 Amendment note under section 74 of this title. -End- -CITE- 7 USC Sec. 79c 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 79c. Omitted -COD- CODIFICATION Section, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7C, as added Aug. 13, 1981, Pub. L. 97-35, title I, Sec. 155(3), 95 Stat. 372; amended Oct. 11, 1984, Pub. L. 98-469, Sec. 2(2), 98 Stat. 1831, which limited the total administrative and supervisory costs which could be incurred under this chapter for fiscal years 1982 through 1988, was effective for the period Oct. 1, 1981, through Sept. 30, 1988, pursuant to section 155 of Pub. L. 97-35, as amended. See section 79d of this title. -End- -CITE- 7 USC Sec. 79d 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 79d. Limitation on administrative and supervisory costs -STATUTE- The total administrative and supervisory costs which may be incurred under this chapter for services performed (excluding standardization, compliance, and foreign monitoring activities) for each of the fiscal years 1989 through 2015 shall not exceed 30 percent of the total costs for such activities carried out by the Secretary for such year. -SOURCE- (Aug. 11, 1916, ch. 313, pt. B, Sec. 7D, as added Pub. L. 100-518, Sec. 2(3), Oct. 24, 1988, 102 Stat. 2585; amended Pub. L. 103-156, Sec. 2, Nov. 24, 1993, 107 Stat. 1525; Pub. L. 103-354, title II, Sec. 293(a)(8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106-472, title I, Sec. 105, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 109-83, Sec. 1(a), Sept. 30, 2005, 119 Stat. 2053.) -MISC1- AMENDMENTS 2005 - Pub. L. 109-83 substituted "2015" for "2005". 2000 - Pub. L. 106-472 substituted "2005" for "2000" and "30 percent" for "40 per centum". 1994 - Pub. L. 103-354 substituted "Secretary" for "Service". 1993 - Pub. L. 103-156 substituted "services performed" for "inspection and weighing" and "2000" for "1993". EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-472 effective as if enacted Sept. 30, 2000, see section 111 of Pub. L. 106-472, set out as a note under section 79 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-156 effective as of Sept. 30, 1993, see section 16(b) of Pub. L. 103-156, set out as a note under section 75 of this title. EFFECTIVE AND TERMINATION DATES That part of section 2 of Pub. L. 100-518 which provided that section was effective for the period Oct. 1, 1988, through Sept. 30, 1993, inclusive, was repealed by Pub. L. 103-156, Secs. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993. -End- -CITE- 7 USC Secs. 80 to 83 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Secs. 80 to 83. Omitted -COD- CODIFICATION Sections were omitted in the general reorganization of this chapter by Pub. L. 90-487, Sec. 1, Aug. 15, 1968, 82 Stat. 761. Section 80, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39 Stat. 484, provided for revocation and suspension of licenses issued by the Secretary of Agriculture. See section 85 of this title. Section 81, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39 Stat. 484, prohibited the existence of an interest, financial or otherwise, direct or indirect, on the part of inspectors in grain elevators or warehouses or in the merchandising of grain. See section 87 of this title. Section 82, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39 Stat. 484, required maintenance of records and reports by inspectors. See section 87a of this title. Section 83, act Aug. 11, 1916, ch. 313, pt. B, Sec. 7 (part), 39 Stat. 484, called for a semiannual report by the Secretary of Agriculture on the delivery of grain in the nation. -End- -CITE- 7 USC Sec. 84 01/03/2007 -EXPCITE- TITLE 7 - AGRICULTURE CHAPTER 3 - GRAIN STANDARDS -HEAD- Sec. 84. Licensing of inspectors -STATUTE- (a) Authorization The Secretary is authorized (1) to issue a license to any individual upon presentation to the Secretary of satisfactory evidence that such individual is competent, and is employed (or is supervised under a contractual arrangement) by an official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing, other than appeal weighing, of grain in the United States; (2) to authorize any competent employee of the Secretary to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing (including appeal weighing) of grain in the United States, or of United States grain in Canadian ports, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (D) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this chapter; (3) to contract with any person or governmental agency to perform specified sampling, laboratory testing, inspection, weighing, and similar technical functions and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this chapter. Except as otherwise provided in sections 79(i) and 79a(d) of this title, no person shall perform any official inspection or weighing function for purposes of this chapter unless such person holds an unsuspended and unrevoked license or authorization from the Secretary under this chapter. (b) Duration of licenses; suspension; reinstatement All classes of licenses issued under this chapter shall terminate triennially on a date or dates to be fixed by regulation of the Secretary: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or to operate under the terms of a contract for the conduct of any functions under this chapter: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. (c) Examination of applicants; reexaminations The Secretary may require such examinations and reexaminations as the Secretary may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Secretary, to perform any official inspection or weighing function under this chapter. (d) Inspectors performing under contract not deemed Federal employees Persons employed or supervised under a contractual arrangement by an official agency (including persons employed or supervised under a contractual arrangement by a State agency under a delegation of authority pursuant to this chapter) and persons performing official inspection functions under contract with the Secretary shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this chapter or by the rules and regulations of the Secretary, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of title 18. (e) Hiring of official inspection personnel and supervisory personnel without regard to laws governing appointments to the competitive service The Secretary may hire (without regard to the provisions of title 5 governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on October 21, 1976) to perform functions of official inspection under this chapter and as personnel to perform supervisory weighing or official weighing functions any individual who, on October 21, 1976, was performing similar functions: Provided, That the Secretary determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individu