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7 U.S.C. § 87e — General authorities

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

7 U.S.C. § 87e — General authorities

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Source file: Laws/federal/codes/united-states-code/title-7/section-87e-general-authorities--ca3581ff2c.md
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Source location: Title 7, Chapter 3, § 87e; chapter-003-grain-standards.md

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**(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 557 of title 5. **(b) Investigation of reports or complaints of discrepancies and abuses in official inspection or weighing of grain** The Secretary is authorized to investigate reports or complaints of discrepancies and abuses in the official inspection and weighing of grain under this chapter. The Secretary shall prescribe by regulation procedures for (1) promptly investigating (A) complaints of foreign grain purchasers regarding the official inspection or official weighing of grain shipped from the United States, (B) the cancellation of contracts for the export sale of grain required to be inspected or weighed under this chapter, and (C) any complaint regarding the operation or administration of this chapter or any official transaction with which this chapter is concerned; and (2) taking appropriate action on the basis of the findings of any investigation of such complaints. **(c) Monitoring of United States grain upon its entry into foreign nations** The Secretary is authorized to cause official inspection personnel to monitor in foreign nations which are substantial importers of grain from the United States, grain imported from the United States upon its entry into the foreign nation, to determine whether such grain is of a comparable kind, class, quality, and condition after considering the handling methods and conveyance utilized at the time of loading, and the same quantity that it was certified to be upon official inspection and official weighing in the United States. **(d) Authority of Office of Investigation of Department of Agriculture** 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) shall conduct such investigations regarding the operation or administration of this chapter or any official transaction with which this chapter is concerned, as the Director thereof deems necessary to assure the integrity of official inspection and weighing under this chapter. **(e) Research program to develop methods of improving accuracy and uniformity in grading grain** The Secretary is authorized to conduct, in cooperation with other agencies within the Department of Agriculture, a continuing research program for the purpose of developing methods to improve accuracy and uniformity in grading grain. **(f) Adequate personnel to meet inspection and weighing requirements** To assure the normal movement of grain at all inspection points in a timely manner consistent with the policy expressed in [section 74 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section74&num=0&edition=prelim), the Secretary shall, notwithstanding any other provision of law, provide adequate personnel to meet the inspection and weighing requirements of this chapter. **(g) Testing of certain weighing equipment** (1) Subject to paragraph (2), the Secretary may provide for the testing of weighing equipment used for purposes other than weighing grain. The testing shall be performed— (A) in accordance with such regulations as the Secretary may prescribe; and (B) for a reasonable fee established by regulation or contractual agreement and sufficient to cover, as nearly as practicable, the estimated costs of the testing performed. (2) Testing performed under paragraph (1) may not conflict with or impede the objectives specified in [section 74 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section74&num=0&edition=prelim). **(h) Testing of grain inspection instruments** (1) Subject to paragraph (2), the Secretary may provide for the testing of grain inspection instruments used for commercial inspection. The testing shall be performed— (A) in accordance with such regulations as the Secretary may prescribe; and (B) for a reasonable fee established by regulation or contractual agreement and sufficient to cover, as nearly as practicable, the estimated costs of the testing performed. (2) Testing performed under paragraph (1) may not conflict with or impede the objectives specified in [section 74 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section74&num=0&edition=prelim). **(i) Additional for fee services** (1) In accordance with such regulations as the Secretary may provide, the Secretary may perform such other services as the Secretary considers to be appropriate. (2) In addition to the fees authorized by sections 79, 79a, 79b, and 87f–1 of this title, and this section, the Secretary shall collect reasonable fees to cover the estimated costs of services performed under paragraph (1) other than standardization and foreign monitoring activities. (3) To the extent practicable, the fees collected under paragraph (2), together with any proceeds from the sale of any samples, shall cover the costs, including administrative and supervisory costs, of services performed under paragraph (1). **(j) Deposit of fees** Fees collected under subsections (g), (h), and (i) shall be deposited into the fund created under [section 79(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section79/j&num=0&edition=prelim). **(k) Official courtesies** The Secretary may extend appropriate courtesies to official representatives of foreign countries in order to establish and maintain relationships to carry out the policy stated in [section 74 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section74&num=0&edition=prelim). No gift offered or accepted pursuant to this subsection shall exceed $20 in value.

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 85

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

7 U.S.C. § 1307 — Consumer safeguards

The powers conferred under this chapter shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the Secretary from the records of domestic human consumption in the years 1920 to 1929, inclusive, taking into consideration increased population quantities of any commodity that were forced into domestic consumption by decline in exports during such period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. In carrying out the purposes of this chapter it shall be the duty of the Secretary to give due regard to the maintenance of a continuous and stable supply of agricultural commodities from domestic production adequate to meet consumer demand at prices fair to both producers and consumers.

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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. § 77 — Official inspection and weighing requirements; waiver; supervision by representatives of Secretary

**(a) Official samples and certificates; waiver; excepted grains** Whenever standards or procedures 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— (1) no person shall ship from the United States to any place outside thereof any lot of such grain, unless such lot is officially weighed and officially inspected in accordance with such standards or procedures, and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or the agent of the shipper, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Secretary shall waive the foregoing requirement in emergency or other circumstances that would not impair the objectives of this chapter whenever the parties to a contract for such shipment mutually agree to the waiver and documentation of such agreement is provided to the Secretary prior to shipment: Provided further, That the Secretary shall waive the requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Secretary prior to shipment; (2) except as the Secretary may provide in emergency or other circumstances which would not impair the objectives of this chapter, all other grain transferred out of and all grain transferred into an export

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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. § 75a — Repealed. Pub. L. 103–354, title II, § 293(a)(2), Oct. 13, 1994, 108 Stat. 3237

### Statutory Notes Section, act Aug. 11, 1916, ch. 313, pt. B, § 3A, as added Oct. 21, 1976, Pub. L. 94–582, § 4, 90 Stat. 2868; amended Sept. 29, 1977, Pub. L. 95–113, title XVI, § 1604(b), 91 Stat. 1026; Nov. 24, 1993, Pub. L. 103–156, § 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.

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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. § 87e — General authorities

Page 191 TITLE 7—AGRICULTURE § 87e in which case he shall be subject to the general penal statutes in Title 18 relating to crimes and offenses against the United States)’’, increased the punishment for misdemeanors from six months to twelve months and the fine from $3,000 to $10,000, and denominated subsequent offenses as felonies, substituting ‘‘but, for each subsequent offense subject to this subsection, such person shall be guilty of a felony and shall, on convic- tion 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’’ for ‘‘but if such of- fense is committed after one conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one year, or a fine of not more than $5,000, or both such imprison- ment and fine’’. Subsec. (b). Pub. L. 94–582 substituted ‘‘Adminis- trator’’ for ‘‘Secretary’’ and inserted provision that nothing in this chapter shall be construed as requiring the Administrator to report any violation of this chap- ter for prosecution when he believes that institution of a proceeding under section 86 of this title will obtain compliance with this chapter and he institutes such a proceeding. Subsec. (c). Pub. L. 94–582 added subsec. (c). Statutory Notes and Related Subsidiaries 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 For effective date of section, see section 2 of Pub. L. 90–487, set out as an Effective Date of 1968 Amendment note under section 78 of this title. § 87d. Responsibility for acts of others When c

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