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

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

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

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Stable record: federal_law:legal_authorities:record_usc_7b2bd9516d01ca4f0b53a067
Source file: Laws/federal/codes/united-states-code/title-7/section-86-refusal-of-inspection-and-weighing-services-civil-penalties--2ae2aa69e5.md
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Source location: Title 7, Chapter 3, § 86; chapter-003-grain-standards.md

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**(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, or holder or owner of 10 per centum or more of its voting stock, or an employee in a managerial or executive capacity. **(c) Civil penalties** In addition to, or in lieu of, penalties provided under [section 87c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87c&num=0&edition=prelim), or in addition to, or in lieu of, refusal of official inspection or services related to weighing in accordance with this section, the Secretary may assess against any person who 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 a civil penalty not to exceed $75,000 for each such violation as the Secretary determines is appropriate to effectuate the objectives stated in [section 74 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section74&num=0&edition=prelim). **(d) Opportunity for hearing; temporary refusal without hearing pending final determination** Before official inspection or services related to weighing is refused to any person or a civil penalty is assessed against any person under this section, such person shall be afforded opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5: Provided, That the Secretary may, without first affording the person a hearing, refuse official inspection or services related to weighing temporarily pending final determination whenever the Secretary has reason to believe there is cause for refusal of inspection or services related to weighing and considered such action to be in the best interest of the official inspection system under this chapter. The Secretary shall afford such person an opportunity for a hearing within seven days after temporarily refusing official inspection or services related to weighing; and such hearing and ancillary procedures related thereto shall be conducted in an expedited manner. **(e) Collection and disposition of civil penalties** Moneys received in payment of such civil penalties shall be deposited in the general fund of the United States Treasury. Upon any failure to pay the penalties assessed under this section, the Secretary may request the Attorney General of the United States to institute a civil action to collect the penalties in the appropriate court identified in subsection (h) of [section 87f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section87f&num=0&edition=prelim) for the jurisdiction in which the respondent is found or resides or transacts business, and such court shall have jurisdiction to hear and decide any such action.

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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.

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

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 78

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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

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

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 74

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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. § 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

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

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

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

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

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 86

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