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7 U.S.C. § 87c — Criminal penalties

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 87c — Criminal penalties

**(a)** Any person who commits any offense prohibited by [section 87b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87b&num=0&edition=prelim) (except an offense prohibited by paragraphs (a)(7), (a)(8), and (b)(4) in which case the person shall be subject to the general penal statutes in title 18 relating to crimes and offenses against the United States) shall be guilty of a felony and shall, on conviction thereof, be subject to imprisonment for not more than five years, or a fine of not more than $20,000, or both such imprisonment and fine. **(b)** Nothing in this chapter shall be construed as requiring the Secretary to report minor violations of this chapter for criminal prosecution whenever the Secretary believes that the public interest will be adequately served by a suitable written notice or warning, or to report any violation of this chapter for prosecution when the Secretary believes that institution of a proceeding under [section 86 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section86&num=0&edition=prelim) will obtain compliance with this chapter and the Secretary institutes such a proceeding. **(c)** Any officer or employee of the Department of Agriculture assigned to perform weighing functions under this chapter shall be considered as an employee of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of Title 18.

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Source location: Title 7, Chapter 3, § 87c; chapter-003-grain-standards.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 86 — Refusal of inspection and weighing services; civil penalties

**(a) Grounds for refusal of services** The Secretary may (for such period, or indefinitely, as the Secretary deems necessary to effectuate the purposes of this chapter) refuse to provide official inspection or the services related to weighing otherwise available under this chapter with respect to any grain offered for such services, or owned, wholly or in part, by any person if the Secretary determines (1) that the individual (or in case such person is a partnership, any general partner; or in case such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the business) has knowingly committed any violation of [section 87b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87b&num=0&edition=prelim), or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused for any of the above-specified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing such service with respect to such grain would be inimical to the integrity of the service. **(b) Persons responsibly connected with a business** For purposes of subsection (a) of this section, a person shall be deemed to be responsibly connected with a business if the person was or is a partner, officer, director,

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 78 — Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States

**(a)** Whenever standards relating to kind, class, quality, or condition of grain are effective under [section 76 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section76&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 74 — Congressional findings and declaration of policy

**(a)** Grain is an essential source of the world’s total supply of human food and animal feed and is merchandised in interstate and foreign commerce. It is declared to be the policy of the Congress, for the promotion and protection of such commerce in the interests of producers, merchandisers, warehousemen, processors, and consumers of grain, and the general welfare of the people of the United States, to provide for the establishment of official United States standards for grain, to promote the uniform application thereof by official inspection personnel, to provide for an official inspection system for grain, and to regulate the weighing and the certification of the weight of grain shipped in interstate or foreign commerce in the manner hereinafter provided; with the objectives that grain may be marketed in an orderly and timely manner and that trading in grain may be facilitated. It is hereby found that all grain and other articles and transactions in grain regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce and that regulation thereof as provided in this chapter is necessary to prevent or eliminate burdens on such commerce and to regulate effectively such commerce. **(b)** It is also declared to be the policy of Congress— (1) to promote the marketing of grain of high quality to both domestic and foreign buyers; (2) that the primary objective of the official United States standards for grain is to certify the quality of grain as accurately as practicable; and (3) that official United States standards for grain shall— (A) define uniform and accepted descriptive terms to facilitate trade in grain; (B) provide information to aid in determining grain storability; (C) offer users of such standards th

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 87b — Prohibited acts

**(a)** No person shall— (1) knowingly falsely make, issue, alter, forge, or counterfeit any official certificate or other official form or official mark; (2) knowingly utter, publish, or use as true any falsely made, issued, altered, forged, or counterfeited official certificate or other official form or official mark, or knowingly possess, without promptly notifying the Secretary or the representative of the Secretary, or fail to surrender to such a representative upon demand, any falsely made, issued, altered, forged, or counterfeited official certificate or other official form, or any device for making any official mark or simulation thereof, or knowingly possess any grain in a container bearing any falsely made, issued, altered, forged, or counterfeited official mark without promptly giving such notice; (3) knowingly cause or attempt (whether successfully or not) to cause the issuance of a false or incorrect official certificate or other official form by any means, including but not limited to deceptive loading, handling, weighing, or sampling of grain, or submitting grain for official inspection or official weighing or supervision of weighing knowing that it has been deceptively loaded, handled, weighed, or sampled, without disclosing such knowledge to the official inspection personnel before official sampling or official weighing or supervision of weighing; (4) alter any official sample of grain in any manner or, knowing that an official sample has been altered, thereafter represent it as an official sample; (5) knowingly use any official grade designation or official mark on any container of grain by means of a tag, label, or otherwise, unless the grain in such container was officially inspected on the basis of an official sample taken while the grain was b

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 87f — Enforcement provisions

**(a) Subpena power** For the purposes of this chapter, the Secretary shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person with respect to whom such authority is exercised; and the Secretary shall have power to require by subpena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation by the Secretary, and may administer oaths and affirmations, examine witnesses, and receive evidence. **(b) Disobedience of subpena** Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. In case of disobedience to a subpena the Secretary may invoke the aid of any court designated in subsection (h) of this section in requiring the attendance and testimony of witnesses and the production of documentary evidence. **(c) Court order requiring attendance and testimony of witnesses** Any such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Secretary or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. **(d) Fees and mileage costs of witnesses** Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses from whom depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 87c — Criminal penalties

Page 190 TITLE 7—AGRICULTURE § 87c 1993—Pub. L. 103–156, § 12(l), which directed amend- ment of ‘‘Section 13’’, without specifying the name of the Act being amended, was executed to this section, which is section 13 of the United States Grain Stand- ards Act, to reflect the probable intent of Congress. Subsec. (a)(2). Pub. L. 103–156, § 12(l)(1), substituted ‘‘the representative of the Administrator’’ for ‘‘his rep- resentative’’. Subsec. (a)(7), (8). Pub. L. 103–156, § 12(l)(2), sub- stituted ‘‘the duties of the officer, employee, or other person’’ for ‘‘his duties’’. Subsec. (a)(9). Pub. L. 103–156, § 12(l)(3), substituted ‘‘the person’’ for ‘‘he’’. Subsec. (a)(11). Pub. L. 103–156, § 7, amended par. (11) generally. Prior to amendment, par. (11) read as fol- lows: ‘‘violate any provision of section 77; 78; 79(f)(2), (3), or (4); 79a; 79b(c); 84; 87; 87a; or 87f–1 of this title;’’. 1990—Subsec. (e). Pub. L. 101–624 added subsec. (e). 1986—Subsec. (d). Pub. L. 99–641 added subsec. (d). 1977—Subsec. (a)(6). Pub. L. 95–113, §§ 1604(j)(1), 1606(h), substituted ‘‘or condition’’ for ‘‘condition, or quantity’’ and inserted ‘‘, or that any weighing service under this chapter has been performed with respect to grain’’ after ‘‘official inspection under this chapter’’. Subsec. (a)(11). Pub. L. 95–113, § 1604(j)(2), inserted ref- erences to sections 79(f)(3) and (4) and 87f–1 of this title. Subsec. (a)(12). Pub. L. 95–113, § 1604(j)(3), substituted ‘‘weighing equipment’’ for ‘‘testing equipment’’. Subsec. (a)(13). Pub. L. 95–113, § 1604(j)(4), substituted ‘‘financial interest in grain’’ for ‘‘financial interest in the grain’’ and ‘‘loading of the grain’’ for ‘‘loading of grain’’. 1976—Subsec. (a)(1). Pub. L. 94–582, § 15(a)(1), sub- stituted ‘‘official m

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