7 U.S.C. § 87b — Prohibited acts

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 avail- able to the Federal Grain Inspection Service may be used to pay the salaries of any person or persons who require, or who authorize payments from fee-supported funds to any person or persons who require nonexport, nonterminal interior elevators to maintain records not involving official inspection or official weighing in the United States under Public Law 94–582 [see Short Title of 1976 Amendment note set out under section 71 of this title] other than those necessary to fulfill the purposes of such Act.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–341, title I, Aug. 14, 1992, 106 Stat. 883. Pub. L. 102–142, title I, Oct. 28, 1991, 105 Stat. 887. Pub. L. 101–506, title I, Nov. 5, 1990, 104 Stat. 1324. Pub. L. 101–161, title I, Nov. 21, 1989, 103 Stat. 960. Pub. L. 100–460, title I, Oct. 1, 1988, 102 Stat. 2238. § 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 offi- cial form or official mark, or knowingly pos- sess, without promptly notifying the Sec- retary or the representative of the Secretary, or fail to surrender to such a representative upon demand, any falsely made, issued, al- tered, forged, or counterfeited official certifi- cate or other official form, or any device for making any official mark or simulation there- of, or knowingly possess any grain in a con- tainer bearing any falsely made, issued, al- tered, 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, weigh- ing, 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 designa- tion or official mark on any container of grain by means of a tag, label, or otherwise, unless the grain in such container was officially in- spected on the basis of an official sample taken while the grain was being loaded into or was in such container or officially weighed, re- spectively, 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 par- ticular 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 serv- ice under this chapter has been performed with respect to grain; (7) improperly influence, or attempt to im- properly influence, any official inspection per- sonnel or personnel of agencies delegated au- thority or of agencies or other persons des- ignated 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 in- spection 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 Agri- culture 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 li- censed or authorized to perform an official in- spection 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 ap- plication 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 inac- curate, faulty, or defective weighing equip- ment; or Page 189 TITLE 7—AGRICULTURE § 87b (13) knowingly prevent or impede any buyer or seller of grain or other person having a fi- nancial interest in grain, or the authorized agent of any such person, from observing the loading of the grain inspected under this chap- ter and the weighing, sampling, and inspection of such grain under conditions prescribed by the Secretary. (b) No person licensed or authorized to per- form any function under this chapter shall— (1) commit any offense prohibited by sub- section (a); (2) knowingly perform improperly any offi- cial 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, di- rectly or indirectly, for any neglect or im- proper 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 com- mitted with knowledge of the pertinent facts. (d)(1) Subject to paragraphs (2) and (3), to en- sure the quality of grain marketed in or ex- ported from the United States— (A) no dockage or foreign material, as de- fined by the Secretary, once removed from grain shall be recombined with any grain; and (B) no dockage or foreign material of any or- igin may be added to any grain. (2) Nothing in paragraph (1) shall be construed to prohibit— (A) the treatment of grain to suppress, de- stroy, or prevent insects and fungi injurious to stored grain; (B) the marketing, domestically or for ex- port, 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 live- stock, 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 bro- ken 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 for- eign material, except dust, removed at an ex- port 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 suppres- sant, or the addition of confetti or any other similar material that serves the same purpose in a quantity necessary to facilitate identi- fication of ownership or origin of a particular lot of grain. (3)(A) The Secretary may, by regulation, ex- empt 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 ex- emption is determined by the Secretary to be in the best economic interest of producers, grain merchants, the industry involved, and the pub- lic. (B) Grain sold under an exemption authorized by this paragraph shall be consumed or proc- essed into one or more products by the pur- chaser, but may not be resold into commercial channels for such grain or blended with other grain for resale. Neither products nor byprod- ucts derived therefrom (except vegetable oils as defined by the Secretary and used as a dust sup- pressant) shall be blended with or added to grain in commercial channels. (e)(1) The Secretary may prohibit the con- tamination 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 pur- poses; or (C) grain that exceeds action limits estab- lished by the Food and Drug Administration or grain having residues that exceed the toler- ance 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 sub- section, the Secretary shall promulgate regula- tions after providing for notice and an oppor- tunity for public comment, that identify and de- fine 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 Sec- retary shall report any prohibitions to other ap- propriate public health agencies. (Aug. 11, 1916, ch. 313, pt. B, § 13, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766; amended Pub. L. 94–582, § 15, Oct. 21, 1976, 90 Stat. 2883; Pub. L. 95–113, title XVI, §§ 1604(j), 1606(h), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 99–641, title III, § 303(a), Nov. 10, 1986, 100 Stat. 3564; Pub. L. 101–624, title XX, § 2008, Nov. 28, 1990, 104 Stat. 3931; Pub. L. 103–156, §§ 7, 12(l), Nov. 24, 1993, 107 Stat. 1526, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 107, Nov. 9, 2000, 114 Stat. 2060.) Editorial Notes AMENDMENTS 2000—Subsec. (e)(1). Pub. L. 106–472 inserted ‘‘, or pro- hibit disguising the quality of grain,’’ after ‘‘sound and pure grain’’ in introductory provisions. 1994—Subsecs. (a)(2), (13), (d)(2)(D), (E)(iii), (e)(1), (3) to (5). Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. Page 190 TITLE 7—AGRICULTURE § 87c 1993—Pub. L. 103–156, § 12(l), which directed amend- ment of ‘‘Section 13’’, without specifying the name of the Act being amended, was executed to this section, which is section 13 of the United States Grain Stand- ards Act, to reflect the probable intent of Congress. Subsec. (a)(2). Pub. L. 103–156, § 12(l)(1), substituted ‘‘the representative of the Administrator’’ for ‘‘his rep- resentative’’. Subsec. (a)(7), (8). Pub. L. 103–156, § 12(l)(2), sub- stituted ‘‘the duties of the officer, employee, or other person’’ for ‘‘his duties’’. Subsec. (a)(9). Pub. L. 103–156, § 12(l)(3), substituted ‘‘the person’’ for ‘‘he’’. Subsec. (a)(11). Pub. L. 103–156, § 7, amended par. (11) generally. Prior to amendment, par. (11) read as fol- lows: ‘‘violate any provision of section 77; 78; 79(f)(2), (3), or (4); 79a; 79b(c); 84; 87; 87a; or 87f–1 of this title;’’. 1990—Subsec. (e). Pub. L. 101–624 added subsec. (e). 1986—Subsec. (d). Pub. L. 99–641 added subsec. (d). 1977—Subsec. (a)(6). Pub. L. 95–113, §§ 1604(j)(1), 1606(h), substituted ‘‘or condition’’ for ‘‘condition, or quantity’’ and inserted ‘‘, or that any weighing service under this chapter has been performed with respect to grain’’ after ‘‘official inspection under this chapter’’. Subsec. (a)(11). Pub. L. 95–113, § 1604(j)(2), inserted ref- erences to sections 79(f)(3) and (4) and 87f–1 of this title. Subsec. (a)(12). Pub. L. 95–113, § 1604(j)(3), substituted ‘‘weighing equipment’’ for ‘‘testing equipment’’. Subsec. (a)(13). Pub. L. 95–113, § 1604(j)(4), substituted ‘‘financial interest in grain’’ for ‘‘financial interest in the grain’’ and ‘‘loading of the grain’’ for ‘‘loading of grain’’. 1976—Subsec. (a)(1). Pub. L. 94–582, § 15(a)(1), sub- stituted ‘‘official mark’’ for ‘‘official inspection mark’’. Subsec. (a)(2). Pub. L. 94–582, § 15(a)(2), substituted ‘‘official mark’’ for ‘‘official inspection mark’’ in three places, ‘‘official certificate’’ for ‘‘official inspection certificate’’ and ‘‘Administrator’’ for ‘‘Secretary’’. Subsec. (a)(3). Pub. L. 94–582, § 15(a)(2), prohibited de- ceptive weighing of grain or submitting grain for offi- cial weighing or supervision of weighing knowing it has been deceptively weighed without disclosure before of- ficial weighing or supervision of weighing. Subsec. (a)(5). Pub. L. 94–582, § 15(a)(3), substituted ‘‘official mark’’ for ‘‘official inspection mark’’ and in- serted ‘‘or officially weighed, respectively,’’ after ‘‘such container’’. Subsecs. (a)(7), (8). Pub. L. 94–582, § 15(a)(4), inserted ‘‘or personnel of agencies delegated authority or of agencies or other persons designated under this chap- ter’’ after ‘‘personnel’’. Subsec. (a)(9). Pub. L. 94–582, § 15(a)(5), inserted ‘‘or official weighing or supervision of weighing’’ after ‘‘of- ficial inspection’’. Subsec. (a)(10). Pub. L. 94–582, § 15(a)(5), (6), inserted ‘‘or official weighing or supervision of weighing’’ after ‘‘official inspection’’ and struck out ‘‘or’’ at end. Subsec. (a)(11). Pub. L. 94–582, § 15(a)(5), inserted after ‘‘sections 77, 78,’’ references to ‘‘79(f)(2), 79a, 79b(c)’’. Subsecs. (a)(12), (13). Pub. L. 94–582, § 15(a)(6), added pars. (12) and (13). Subsec. (b)(2). Pub. L. 94–582, § 15(b), substituted ‘‘in- spection or weighing function’’ for ‘‘inspection func- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–641, title III, § 303(b), Nov. 10, 1986, 100 Stat. 3565, provided that: ‘‘The amendments made by this section [amending this section] shall become effective on May 1, 1987.’’ 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. BENEFITS AND COSTS ASSOCIATED WITH IMPROVED GRAIN QUALITY Administrator of Federal Grain Inspection Service to estimate economic impact, including benefits and costs and distribution of such benefits and costs, of any major changes necessary to carry out amendments to this section by title XX of Pub. L. 101–624 prior to mak- ing such changes, see section 2003 of Pub. L. 101–624, set out as a note under section 76 of this title. § 87c. Criminal penalties (a) Any person who commits any offense pro- hibited by section 87b of this title (except an of- fense 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 vio- lations 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 vio- lation of this chapter for prosecution when the Secretary believes that institution of a pro- ceeding under section 86 of this title 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 Agri- culture assigned to perform inspection functions for the purposes of sections 1114 and 111 of Title 18. (Aug. 11, 1916, ch. 313, pt. B, § 14, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 767; amended Pub. L. 94–582, § 17, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 103–156, §§ 8, 12(m), Nov. 24, 1993, 107 Stat. 1527, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–354 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. 1993—Pub. L. 103–156, § 12(m), which directed amend- ment of ‘‘Section 14’’, without specifying the name of the Act being amended, was executed to this section, which is section 14 of the United States Grain Stand- ards Act, to reflect the probable intent of Congress. Subsec. (a). Pub. L. 103–156, §§ 8, 12(m)(1), substituted ‘‘the person’’ for ‘‘he’’, and struck out ‘‘shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than twelve months, or a fine of not more than $10,000, or both such imprisonment and fine; but, for each subsequent offense subject to this subsection, such person’’ before ‘‘shall be guilty of a felony’’. Subsec. (b). Pub. L. 103–156, § 12(m)(2), substituted ‘‘the Administrator’’ for ‘‘he’’ in three places. 1976—Subsec. (a). Pub. L. 94–582 inserted ‘‘(except an offense prohibited by paragraphs (a)(7), (a)(8), and (b)(4)