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7 U.S.C. § 85 — Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension

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

7 U.S.C. § 85 — Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension

The Secretary may refuse to renew, or may suspend or revoke, any license issued under this chapter whenever, after the licensee has been afforded an opportunity for a hearing, the Secretary shall determine that such licensee is incompetent, or has inspected or weighed or supervised the weighing of grain for purposes of this chapter, by any standard or criteria other than as provided for in this chapter, or has issued, or caused the issuance of, any false or incorrect official certificate or other official form, or has knowingly or carelessly inspected or weighed or supervised the weighing of grain improperly under this chapter, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used the license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this chapter or of the regulations prescribed or instructions issued to the licensee by the Secretary under this chapter. The Secretary may, without first affording the licensee an opportunity for a hearing, suspend any license temporarily pending final determination whenever the Secretary deems such action to be in the best interests of the official inspection system under this chapter. The Secretary may summarily revoke any license whenever the licensee has been convicted of any offense prohibited by [section 87b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87b&num=0&edition=prelim) or convicted of any offense proscribed by title 18, with respect to performance of functions under this chapter.

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Source file: Laws/federal/codes/united-states-code/title-7/section-85-suspension-revocation-and-refusal-to-renew-licenses-hearing-grounds-temp--805a8f78a5.md
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Source location: Title 7, Chapter 3, § 85; chapter-003-grain-standards.md

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 87b

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

7 U.S.C. § 80 to 83 — Omitted

### Statutory Notes #### Codification Sections were omitted in the general reorganization of this chapter by Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 761. Section 80, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, provided for revocation and suspension of licenses issued by the Secretary of Agriculture. See [section 85 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section85&num=0&edition=prelim). Section 81, act Aug. 11, 1916, ch. 313, pt. B, § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87&num=0&edition=prelim). Section 82, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, required maintenance of records and reports by inspectors. See [section 87a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87a&num=0&edition=prelim). Section 83, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, called for a semiannual report by the Secretary of Agriculture on the delivery of grain in the nation.

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

7 U.S.C. § 87e — General authorities

**(a) Authority of Secretary** The Secretary is authorized to conduct such investigations; hold such hearings; require such reports from any official agency, any State agency delegated authority under this chapter, licensee, or other person; and prescribe such rules, regulations, and instructions, as the Secretary deems necessary to effectuate the purposes or provisions of this chapter. Such regulations may require, as a condition for official inspection or official weighing or supervision of weighing, among other things, (1) that there be installed specified sampling, handling, weighing, and monitoring equipment in grain elevators, warehouses, and other grain storage or handling facilities, (2) that approval of the Secretary be obtained as to the condition of vessels and other carriers or receptacles for the transporting or storing of grain, and (3) that persons having a financial interest in the grain which is to be inspected (or their agents) shall be afforded an opportunity to observe the weighing, loading, and official inspection thereof, under conditions prescribed by the Secretary. Whether any certificate, other form, representation, designation, or other description is false, incorrect, or misleading within the meaning of this chapter shall be determined by tests made in accordance with such procedures as the Secretary may adopt to effectuate the objectives of this chapter, if the relevant facts are determinable by such tests. Proceedings under [section 85 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section85&num=0&edition=prelim) for refusal to renew, or for suspension or revocation of, a license shall not, unless requested by the respondent, be subject to the administrative procedure provisions in sections 554, 556, and 5

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

7 U.S.C. § 85 — Suspension, revocation, and refusal to

Page 184 TITLE 7—AGRICULTURE § 85 Statutory Notes and Related Subsidiaries 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 amend- ed, 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. § 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension The Secretary may refuse to renew, or may suspend or revoke, any license issued under this chapter whenever, after the licensee has been af- forded an opportunity for a hearing, the Sec- retary shall determine that such licensee is in- competent, or has inspected or weighed or super- vised the weighing of grain for purposes of this chapter, by any standard or criteria other than as provided for in this chapter, or has issued, or caused the issuance of, any false or incorrect of- ficial certificate or other official form, or has knowingly or carelessly inspected or weighed or supervised the weighing of grain improperly under this chapter, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used the license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this chapter or of the regulations prescribed or instructions issued to the licensee by the Secretary under this chap- ter. The Secretary may, without first affording th

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