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7 U.S.C. § 87b — Prohibited acts
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_feb589032c2cf317e95f1308
Source file: Laws/federal/codes/united-states-code/title-7/section-87b-prohibited-acts--3fbb68c004.md
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Source location: Title 7, Chapter 3, § 87b; chapter-003-grain-standards.md
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**(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 being loaded into or was in such container or officially weighed, respectively, and the grain was found to qualify for such designation or mark;
(6) knowingly make any false representation that any grain has been officially inspected, or officially inspected and found to be of a particular kind, class, quality, or condition, or that particular facts have been established with respect to grain by official inspection under this chapter, or that any weighing service under this chapter has been performed with respect to grain;
(7) improperly influence, or attempt to improperly influence, any official inspection personnel or personnel of agencies delegated authority or of agencies or other persons designated under this chapter or any officer or employee of the Department of Agriculture with respect to the performance of the duties of the officer, employee, or other person under this chapter;
(8) forcibly assault, resist, oppose, impede, intimidate, or interfere with any official inspection personnel or personnel of agencies delegated authority or of agencies or other persons designated under this chapter or any officer or employee of the Department of Agriculture in, or on account of, the performance of the duties of the officer, employee, or other person under this chapter;
(9) falsely represent that the person is licensed or authorized to perform an official inspection or official weighing or supervision of weighing function under this chapter;
(10) use any false or misleading means in connection with the making or filing of an application for official inspection or official weighing or supervision of weighing;
(11) violate section 77, 78, 79, 79a, 79b, 84, 87, 87a, 87e, or 87f–1 of this title;
(12) knowingly engage in falsely stating or falsifying the weight of any grain shipped in interstate or foreign commerce by any means, including, but not limited to, the use of inaccurate, faulty, or defective weighing equipment; or
(13) knowingly prevent or impede any buyer or seller of grain or other person having a financial interest in grain, or the authorized agent of any such person, from observing the loading of the grain inspected under this chapter and the weighing, sampling, and inspection of such grain under conditions prescribed by the Secretary.
**(b)** No person licensed or authorized to perform any function under this chapter shall—
(1) commit any offense prohibited by subsection (a);
(2) knowingly perform improperly any official sampling or other official inspection or weighing function under this chapter;
(3) knowingly execute or issue any false or incorrect official certificate or other official form; or
(4) accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty.
**(c)** An offense shall be deemed to have been committed knowingly under this chapter if it resulted from gross negligence or was committed with knowledge of the pertinent facts.
**(d)**
(1) Subject to paragraphs (2) and (3), to ensure the quality of grain marketed in or exported from the United States—
(A) no dockage or foreign material, as defined by the Secretary, once removed from grain shall be recombined with any grain; and
(B) no dockage or foreign material of any origin may be added to any grain.
(2) Nothing in paragraph (1) shall be construed to prohibit—
(A) the treatment of grain to suppress, destroy, or prevent insects and fungi injurious to stored grain;
(B) the marketing, domestically or for export, of dockage or foreign material removed from grain if such dockage or foreign material is marketed—
(i) separately and uncombined with any such whole grain;
(ii) in pelletized form; or
(iii) as a part of a processed ration for livestock, poultry, or fish;
(C) the blending of grain with similar grain of a different quality to adjust the quality of the resulting mixture;
(D) the recombination of broken corn or broken kernels, as defined by the Secretary, with grain of the type from which the broken corn or broken kernels were derived;
(E) effective for the period ending December 31, 1987, the recombination of dockage or foreign material, except dust, removed at an export loading facility from grain destined for shipment as a cargo under one export official certificate of inspection if—
(i) the recombination occurs during the loading of the cargo;
(ii) the purpose is to ensure uniformity of dockage or foreign material throughout that specific cargo; and
(iii) the separation and recombination are conducted in accordance with regulations issued by the Secretary; or
(F) the addition to grain of a dust suppressant, or the addition of confetti or any other similar material that serves the same purpose in a quantity necessary to facilitate identification of ownership or origin of a particular lot of grain.
(3)
(A) The Secretary may, by regulation, exempt from paragraph (1) the last handling of grain in the final sale and shipment of such grain to a domestic user or processor if such exemption is determined by the Secretary to be in the best economic interest of producers, grain merchants, the industry involved, and the public.
(B) Grain sold under an exemption authorized by this paragraph shall be consumed or processed into one or more products by the purchaser, but may not be resold into commercial channels for such grain or blended with other grain for resale. Neither products nor byproducts derived therefrom (except vegetable oils as defined by the Secretary and used as a dust suppressant) shall be blended with or added to grain in commercial channels.
**(e)**
(1) The Secretary may prohibit the contamination of sound and pure grain, or prohibit disguising the quality of grain, as a result of the introduction of—
(A) nongrain substances;
(B) grain unfit for ordinary commercial purposes; or
(C) grain that exceeds action limits established by the Food and Drug Administration or grain having residues that exceed the tolerance levels established by the Environmental Protection Agency.
(2) No prohibition imposed under this section shall be construed to restrict the marketing of any grain so long as the grade or condition of the grain is properly identified.
(3) Prior to taking action under this subsection, the Secretary shall promulgate regulations after providing for notice and an opportunity for public comment, that identify and define actions and conditions that are subject to prohibition.
(4) In no case shall the Secretary prohibit the blending of an entire grade of grain.
(5) In implementing paragraph (1)(C), the Secretary shall report any prohibitions to other appropriate public health agencies.
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1307
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Federal law — U.S. Code and appendices · legal_authorities
**(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 soybea
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 76
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
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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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 188
TITLE 7—AGRICULTURE
§ 87b
Subsec. (b). Pub. L. 94–582 substituted ‘‘Every official
agency and every person licensed to perform any offi-
cial inspection or official weighing or supervision of
weighing function under this chapter’’ for ‘‘Every offi-
cial inspection agency’’ and ‘‘Administrator’’ for ‘‘Sec-
retary’’ in two places, increased from two to five years
the period of time for keeping the records, and inserted
provision for keeping the records after the weighing.
Subsec. (c). Pub. L. 94–582 substituted ‘‘Every official
agency and every person licensed to perform any offi-
cial inspection or official weighing or supervision of
weighing function under this chapter’’ for ‘‘Every offi-
cial inspection agency’’, provided for access to and the
copying of records by any authorized representative of
the Administrator or the Comptroller General, and re-
quired Administrator audits of official agencies and
State agencies delegate authority.
Subsec. (d). Pub. L. 94–582 added subsec. (d).
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
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.
MAINTENANCE OF RECORDS NOT INVOLVING OFFICIAL
INSPECTION OR OFFICIAL WEIGHING
Pub. L. 103–111, title I, Oct. 21, 1993, 107 Stat. 1055, pro-
vided in part: ‘‘That hereafter, none of the funds
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 87b
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