7 U.S.C. § 71 — Short title

Page 163 TITLE 7—AGRICULTURE § 71 Editorial Notes CODIFICATION Section is composed of the second sentence of section 11 of act Mar. 4, 1923. The first sentence of section 11 is contained in section 62 of this title. § 64. Appropriation for expenses; appointment by Secretary of officers and agents; compensa- tion There are authorized to be appropriated out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary for carrying out the provisions of this chapter; and the Secretary of Agriculture is authorized, with- in the limits of such appropriations, to appoint, remove, and fix the compensations of such offi- cers and employees, not in conflict with existing law, and make such expenditures for rent out- side the District of Columbia, printing, tele- grams, telephones, law books, books of ref- erence, periodicals, furniture, stationery, office equipment, travel, and other supplies and ex- penses as shall be necessary to the administra- tion of this chapter in the District of Columbia and elsewhere. (Mar. 4, 1923, ch. 288, § 12, 42 Stat. 1519.) § 65. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the application of such provision to other persons and circumstances shall not be af- fected thereby. (Mar. 4, 1923, ch. 288, § 13, 42 Stat. 1520.) CHAPTER 3—GRAIN STANDARDS Sec. 71. Short title. 72, 73. Omitted. 74. Congressional findings and declaration of pol- icy. 75. Definitions. 75a. Repealed. 75b. Omitted. 76. Standards and procedures; establishment, amendment, and revocation. 77. Official inspection and weighing require- ments; waiver; supervision by representa- tives of Secretary. 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States. 79. Official inspection. 79a. Weighing authority. 79b. Testing of equipment. 79c. Omitted. 79d. Limitation on administrative and supervisory costs. 80 to 83. Omitted. 84. Licensing of inspectors. 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary sus- pension. 86. Refusal of inspection and weighing services; civil penalties. 87. Conflicts of interest. 87a. Records. 87b. Prohibited acts. 87c. Criminal penalties. 87d. Responsibility for acts of others. 87e. General authorities. Sec. 87e–1. Repealed. 87f. Enforcement provisions. 87f–1. Registration requirements. 87f–2. Reporting requirements. 87g. Relation to State and local laws; separa- bility. 87h. Funding. 87i. Omitted. 87j. Advisory committee. 87k. Standardizing commercial inspections. § 71. Short title This chapter may be cited as the ‘‘United States Grain Standards Act’’. (Aug. 11, 1916, ch. 313, pt. B, § 1, 39 Stat. 482; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 761.) Editorial Notes CODIFICATION This chapter constitutes part B of ‘‘An act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1917, and for other pur- poses,’’ approved Aug. 11, 1916. Part A of act of Aug. 11, 1916, containing the ‘‘United States Cotton Futures Act,’’ was repealed by section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1. Part C of that act contained the ‘‘United States Warehouse Act,’’ and is incorporated, as amend- ed, as section 241 et seq. of this title. Section is comprised of part of section 1 of part B of act Aug. 11, 1916. Other provisions contained in section 1 were classified to former sections 72 and 73 of this title. AMENDMENTS 1968—Pub. L. 90–487 substituted ‘‘may be cited as’’ for ‘‘shall be known by the short title of’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–487 effective 180 days after Aug. 15, 1968, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title. SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–216, § 1, Dec. 11, 2020, 134 Stat. 1048, pro- vided that: ‘‘This Act [amending sections 76, 79, 79a, 79d, 87f–2, 87h, and 87j of this title] may be cited as the ‘United States Grain Standards Reauthorization Act of 2020’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–54, § 1(a), Sept. 30, 2015, 129 Stat. 513, pro- vided that: ‘‘This Act [amending sections 77, 79, 79a, 79d, 84, 87h, 87j, 1635i, 1635j, and 1636i of this title and sections 583j–2, 583j–3, 583j–5, and 583j–8 of Title 16, Con- servation, enacting provisions set out as a note under section 1635m of this title, and amending provisions set out as a note under section 1635 of this title] may be cited as the ‘Agriculture Reauthorizations Act of 2015’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–472, § 1(a), Nov. 9, 2000, 114 Stat. 2058, pro- vided that: ‘‘This Act [enacting sections 228d, 241 to 256, 918a, and 1726b of this title and section 1012 of Title 16, Conservation, amending sections 15b, 77, 79, 79a, 79b, 79d, 84, 87b, 87h, 87j, 229, 1622, 1736a, 1926, 2009d, 5101, 5102, and 5106 of this title and sections 1766 and 1786 of Title 42, The Public Health and Welfare, repealing sec- tion 87e-1 of this title, enacting provisions set out as notes under sections 79, 181, 241, and 1314e of this title and section 1786 of Title 42, amending provisions set out as notes under sections 74, 612c, and 1421 of this title, Page 164 TITLE 7—AGRICULTURE §§ 72, 73 and repealing provisions set out as notes under sections 75a, 76, and 79 of this title] may be cited as the ‘Grain Standards and Warehouse Improvement Act of 2000’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–156, § 1(a), Nov. 24, 1993, 107 Stat. 1525, pro- vided that: ‘‘This Act [amending sections 75 to 77, 79 to 79b, 79d, 84 to 87e, 87f, 87f–1, 87h, 87j, and 87k of this title, enacting provisions set out as a note under sec- tion 75 of this title, and repealing provisions set out as a note under section 79 of this title] may be cited as the ‘United States Grain Standards Act Amendments of 1993’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–624, title XX, § 2001, Nov. 28, 1990, 104 Stat. 3928, provided that: ‘‘This title [enacting sections 75b, 87k, 1427–1, 1593a, and 1622a of this title, amending sec- tions 74, 76, 77, 87b, 1423, and 1445e of this title, and en- acting provisions set out as a note under section 76 of this title] may be cited as the ‘Grain Quality Incentives Act of 1990’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–518, § 1, Oct. 24, 1988, 102 Stat. 2584, pro- vided that: ‘‘This Act [enacting sections 79d and 87j of this title, amending sections 55, 79, 79a, and 87h of this title, and enacting provisions set out as notes under sections 79 and 1421 of this title] may be cited as the ‘United States Grain Standards Act Amendments of 1988’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–641, title III, § 301, Nov. 10, 1986, 100 Stat. 3564, provided that: ‘‘This title [amending sections 74 and 87b of this title and enacting provisions set out as notes under sections 76 and 87b of this title] may be cited as the ‘Grain Quality Improvement Act of 1986’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–582, § 1, Oct. 21, 1976, 90 Stat. 2867, provided: ‘‘That this Act [enacting sections 75a, 79a, 79b, 87e–1, 87f–1, and 87f–2 of this title, amending sections 74, 75, 76, 77, 78, 79, 84, 85, 86, 87, 87a, 87b, 87c, 87e, 87f, 87g, and 87h of this title, section 5316 of Title 5, Government Organi- zation and Employees, and section 1114 of Title 18, Crimes and Criminal Procedure, and enacting provi- sions set out as notes under sections 74, 75a, 76, and 79 of this title] may be cited as the ‘United States Grain Standards Act of 1976’.’’ §§ 72, 73. Omitted Editorial 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 72, act Aug. 11, 1916, ch. 313, pt. B, § 1 (part), 39 Stat. 482, defined the words ‘‘person’’ and ‘‘in inter- state or foreign commerce’’. See section 75 of this title. Section 73, act Aug. 11, 1916, ch. 313, pt. B, § 1 (part), 39 Stat. 482, made associations, partnerships, and cor- porations liable for the acts of their agents within the scope of their employment or office. See section 87d of this title. § 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 com- merce. It is declared to be the policy of the Con- gress, for the promotion and protection of such commerce in the interests of producers, mer- chandisers, warehousemen, processors, and con- sumers of grain, and the general welfare of the people of the United States, to provide for the establishment of official United States stand- ards for grain, to promote the uniform applica- tion thereof by official inspection personnel, to provide for an official inspection system for grain, and to regulate the weighing and the cer- tification of the weight of grain shipped in inter- state or foreign commerce in the manner herein- after provided; with the objectives that grain may be marketed in an orderly and timely man- ner and that trading in grain may be facilitated. It is hereby found that all grain and other arti- cles and transactions in grain regulated under this chapter are either in interstate or foreign commerce or substantially affect such com- merce and that regulation thereof as provided in this chapter is necessary to prevent or eliminate burdens on such commerce and to regulate effec- tively such commerce. (b) It is also declared to be the policy of Con- gress— (1) to promote the marketing of grain of high quality to both domestic and foreign buy- ers; (2) that the primary objective of the official United States standards for grain is to certify the quality of grain as accurately as prac- ticable; and (3) that official United States standards for grain shall— (A) define uniform and accepted descrip- tive terms to facilitate trade in grain; (B) provide information to aid in deter- mining grain storability; (C) offer users of such standards the best possible information from which to deter- mine end-product yield and quality of grain; (D) provide the framework necessary for markets to establish grain quality improve- ment incentives; (E) reflect the economic value-based char- acteristics in the end uses of grain; and (F) accommodate scientific advances in testing and new knowledge concerning fac- tors related to, or highly correlated with, the end use performance of grain. (Aug. 11, 1916, ch. 313, pt. B, § 2, 39 Stat. 482; July 18, 1940, ch. 636, 54 Stat. 765; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 761; Pub. L. 94–582, § 2, Oct. 21, 1976, 90 Stat. 2867; Pub. L. 99–641, title III, § 302, Nov. 10, 1986, 100 Stat. 3564; Pub. L. 101–624, title XX, § 2004, Nov. 28, 1990, 104 Stat. 3929.) Editorial Notes AMENDMENTS 1990—Subsec. (b)(3)(E), (F). Pub. L. 101–624 added sub- pars. (E) and (F). 1986—Pub. L. 99–641 designated existing provisions as subsec. (a) and added subsec. (b). 1976—Pub. L. 94–582 expressed the policy of Congress to regulate the weighing and the certification of the weight of grain shipped in interstate or foreign com- merce and the finding of Congress of the necessity to regulate grain transactions to prevent or eliminate burdens on commerce and to regulate effectively such interstate or foreign commerce, and provided that the grain be marketed in a timely manner. 1968—Pub. L. 90–487 substituted a declaration of pol- icy by the Congress for provisions authorizing promul- gation and establishment of grain standards by Sec- retary of Agriculture.