7 U.S.C. § 87c — Criminal penalties

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) 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 construing and enforcing the provisions of this chapter, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, or corporation within the scope of the employment or office of the official, agent, or other person shall, in every case, also be deemed the act, omission, or failure of such association, partner- ship, or corporation as well as that of the per- son. (Aug. 11, 1916, ch. 313, pt. B, § 15, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 103–156, § 12(n), Nov. 24, 1993, 107 Stat. 1529.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–156, which directed amendment of ‘‘Section 15’’ by substituting ‘‘the employment or office of the official, agent, or other person’’ for ‘‘his employ- ment or office’’, without specifying the name of the Act being amended, was executed to this section, which is section 15 of the United States Grain Standards Act, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries 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. § 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 Sec- retary deems necessary to effectuate the pur- poses or provisions of this chapter. Such regula- tions may require, as a condition for official in- spection 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 fi- nancial interest in the grain which is to be in- spected (or their agents) shall be afforded an op- portunity to observe the weighing, loading, and official inspection thereof, under conditions pre- scribed by the Secretary. Whether any certifi- cate, other form, representation, designation, or other description is false, incorrect, or mis- leading 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 for re- fusal 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 dis- crepancies and abuses in official inspection or weighing of grain The Secretary is authorized to investigate re- ports or complaints of discrepancies and abuses in the official inspection and weighing of grain under this chapter. The Secretary shall pre- scribe 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 in- spected or weighed under this chapter, and (C) any complaint regarding the operation or ad- ministration of this chapter or any official transaction with which this chapter is con- cerned; 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 na- tions which are substantial importers of grain from the United States, grain imported from the United States upon its entry into the foreign na- tion, to determine whether such grain is of a comparable kind, class, quality, and condition after considering the handling methods and con- veyance 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.