7 U.S.C. § 84 — Licensing of inspectors

Page 182 TITLE 7—AGRICULTURE §§ 80 to 83 1988, through Sept. 30, 1993, inclusive, was repealed by Pub. L. 103–156, §§ 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993. §§ 80 to 83. 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 80, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, provided for revocation and suspension of licenses issued by the Secretary of Agriculture. See section 85 of this title. Section 81, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, prohibited the existence of an interest, fi- nancial or otherwise, direct or indirect, on the part of inspectors in grain elevators or warehouses or in the merchandising of grain. See section 87 of this title. Section 82, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, required maintenance of records and re- ports by inspectors. See section 87a of this title. Section 83, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, called for a semiannual report by the Sec- retary of Agriculture on the delivery of grain in the na- tion. § 84. Licensing of inspectors (a) Authorization The Secretary is authorized (1) to issue a li- cense to any individual upon presentation to the Secretary of satisfactory evidence that such in- dividual is competent, and is employed (or is su- pervised under a contractual arrangement) by an official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions in- volved in official inspection, or in the official weighing or the supervision of weighing, other than appeal weighing, of grain in the United States; (2) to authorize any competent employee of the Secretary to (A) perform all or specified original inspection, reinspection, or appeal in- spection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform offi- cial weighing or supervision of weighing (includ- ing appeal weighing) of grain in the United States, or of United States grain in Canadian ports, (C) supervise the official inspection, offi- cial weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equip- ment, and (D) perform monitoring activities in foreign ports with respect to grain officially in- spected and officially weighed under this chap- ter; (3) to contract with any person or govern- mental agency to perform specified sampling, laboratory testing, inspection, weighing, and similar technical functions and to license com- petent persons to perform such functions pursu- ant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with re- spect to grain officially inspected and officially weighed under this chapter. Except as otherwise provided in sections 79(i) and 79a(d) of this title, no person shall perform any official inspection or weighing function for purposes of this chapter unless such person holds an unsuspended and unrevoked license or authorization from the Secretary under this chapter. (b) Duration of licenses; suspension; reinstate- ment All classes of licenses issued under this chap- ter shall terminate every 5 years on a date or dates to be fixed by regulation of the Secretary: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or to operate under the terms of a contract for the conduct of any functions under this chapter: Provided further, That sub- ject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. (c) Examination of applicants; reexaminations The Secretary may require such examinations and reexaminations as the Secretary may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Secretary, to perform any official inspec- tion or weighing function under this chapter. (d) Inspectors performing under contract not deemed Federal employees Persons employed or supervised under a con- tractual arrangement by an official agency (in- cluding persons employed or supervised under a contractual arrangement by a State agency under a delegation of authority pursuant to this chapter) and persons performing official inspec- tion functions under contract with the Sec- retary shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this chapter or by the rules and regulations of the Secretary, as persons acting for or on behalf of the United States, for the purpose of determining the appli- cation of section 201 of title 18, to such persons and as employees of the Department of Agri- culture assigned to perform inspection functions for the purposes of sections 1114 and 111 of title 18. (e) Hiring of official inspection personnel and su- pervisory personnel without regard to laws governing appointments to the competitive service The Secretary may hire (without regard to the provisions of title 5 governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on Oc- tober 21, 1976) to perform functions of official in- spection under this chapter and as personnel to perform supervisory weighing or official weigh- ing functions any individual who, on October 21, 1976, was performing similar functions: Provided, That the Secretary determines that such indi- vidual is of good moral character and is tech- nically and professionally qualified for the du- Page 183 TITLE 7—AGRICULTURE § 84 ties to which the individual will be assigned. The Secretary may compensate such personnel at any rate within the appropriate grade of the General Schedule as the Secretary deems nec- essary without regard to section 5333 of title 5. (f) Periodic rotation of personnel The Secretary shall provide for the periodic rotation of supervisory personnel and official in- spection personnel employed by the Secretary as the Secretary deems necessary to preserve the integrity of the official inspection and weighing system provided by this chapter. (g) Recruitment, training, and supervision of personnel; work production standards; ex- emption for certain personnel The Secretary shall develop and effectuate standards for the recruiting, training, and super- vising of official inspection personnel and appro- priate work production standards for such per- sonnel, which shall be applicable to the Sec- retary, all State agencies under delegation of authority pursuant to this chapter, and all offi- cial agencies and all persons licensed or author- ized to perform functions under this chapter: Provided, That persons licensed or authorized on October 21, 1976, to perform any official function under this chapter, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Secretary deter- mines that such persons are technically and pro- fessionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Secretary deems necessary. (Aug. 11, 1916, ch. 313, pt. B, § 8, 39 Stat. 485; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 764; Pub. L. 94–582, § 10, Oct. 21, 1976, 90 Stat. 2877; Pub. L. 95–113, title XVI, §§ 1604(g), 1606(f), Sept. 29, 1977, 91 Stat. 1028, 1030; Pub. L. 103–156, §§ 6, 12(g), Nov. 24, 1993, 107 Stat. 1526, 1528; Pub. L. 103–354, title II, § 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 106, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 114–54, title III, § 301(e), Sept. 30, 2015, 129 Stat. 520.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (e), is set out under section 5332 of Title 5. AMENDMENTS 2015—Subsec. (b). Pub. L. 114–54 substituted ‘‘every 5 years’’ for ‘‘triennially’’. 2000—Subsec. (a)(3). Pub. L. 106–472 inserted ‘‘inspec- tion, weighing,’’ after ‘‘laboratory testing,’’. 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ and ‘‘Service’’ wherever appearing. 1993—Pub. L. 103–156, § 12(g), which directed amend- ment of ‘‘Section 8’’, without specifying the name of the Act being amended, was executed to this section, which is section 8 of the United States Grain Standards Act, to reflect the probable intent of Congress. Subsec. (a). Pub. L. 103–156, §§ 6(1), 12(g)(1), in cl. (1), substituted ‘‘presentation to the Administrator’’ for ‘‘presentation to him’’ and inserted ‘‘(or is supervised under a contractual arrangement)’’ after ‘‘and is em- ployed’’, and in second sentence, substituted ‘‘Except as otherwise provided in sections 79(i) and 79a(d) of this title, no person’’ for ‘‘No person’’. Subsec. (b). Pub. L. 103–156, § 6(2), substituted ‘‘under the terms of a contract for the conduct of any func- tions’’ for ‘‘independently under the terms of a con- tract for the conduct of any functions involved in offi- cial inspection’’. Subsec. (c). Pub. L. 103–156, § 12(g)(2), substituted ‘‘the Administrator’’ for ‘‘he’’. Subsec. (d). Pub. L. 103–156, § 6(3), inserted ‘‘or super- vised under a contractual arrangement’’ after ‘‘Persons employed’’ and after ‘‘including persons employed’’. Subsec. (f). Pub. L. 103–156, § 12(g)(2), substituted ‘‘the Administrator’’ for ‘‘he’’. 1977—Subsec. (a)(1). Pub. L. 95–113, § 1604(g)(1)(A), sub- stituted ‘‘weighing, other than appeal weighing, of grain’’ for ‘‘weighing of grain’’. Subsec. (a)(2)(B). Pub. L. 95–113, § 1604(g)(1)(B), sub- stituted ‘‘weighing (including appeal weighing) of grain in the United States, or of United States grain in Cana- dian ports’’ for ‘‘weighing of grain’’. Subsec. (a)(3). Pub. L. 95–113, § 1604(g)(1)(C), sub- stituted ‘‘any person or governmental agency specified sampling, laboratory testing, and similar technical functions’’ for ‘‘any person to perform specified sam- pling and laboratory testing’’. Subsec. (e). Pub. L. 95–113, § 1604(g)(2), inserted provi- sions authorizing the Administrator to compensate the personnel at any rate within the appropriate grade of the General Schedule as the Administrator deems nec- essary without regard to section 5333 of title 5. Subsec. (f). Pub. L. 95–113, § 1606(f), substituted ‘‘offi- cial inspection and weighing system’’ for ‘‘official in- spection system’’. 1976—Subsec. (a). Pub. L. 94–582 substituted ‘‘Admin- istrator’’ for ‘‘Secretary’’ in two places; designated ex- isting provisions as item (1) and substituted ‘‘official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspec- tion functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States’’ for ‘‘official inspection agency to perform all or specified functions involved in official inspection’’; substituted provisions designated as item (2) for ‘‘to authorize any competent employee of the Department of Agriculture to perform all or specified functions involved in supervisory or appeal in- spection or initial inspection of United States grain in Canadian ports’’; inserted items (3) and (4); struck out authorization to license any competent individual to perform specified functions involved in official inspec- tion under a contract with the Department of Agri- culture; and conditioned performance of any official weighing function on the holding of a license or author- ization. Subsec. (b). Pub. L. 94–582 substituted ‘‘Adminis- trator’’ for ‘‘Secretary’’, ‘‘official agency’’ for ‘‘official inspection agency’’ in two places, and ‘‘subsection (c)’’ for ‘‘paragraph (c)’’, and inserted provision respecting employment of licensee by a State agency under a dele- gation of authority pursuant to this chapter in two places. Subsec. (c). Pub. L. 94–582 substituted ‘‘Adminis- trator’’ for ‘‘Secretary’’ and ‘‘Service’’ for ‘‘Depart- ment of Agriculture’’ and included performance of weighing function. Subsec. (d). Pub. L. 94–582 substituted ‘‘official agen- cy (including persons employed by a State agency under a delegation of authority pursuant to this chap- ter)’’ for ‘‘official inspection agency’’ and ‘‘contract with the Service’’ for ‘‘contracts with the Department of Agriculture’’ and inserted provision respecting sta- tus as persons acting for or on behalf of the United States in application of sections 118, 201, and 1114 of Title 18. Subsecs. (e) to (g). Pub. L. 94–582 added subsecs. (e) to (g). 1968—Pub. L. 90–487 substituted provisions for the li- censing and examination and reexamination of inspec- tors for provisions authorizing the Secretary of Agri- culture to promulgate rules and regulations. Page 184 TITLE 7—AGRICULTURE § 85 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 OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90–487, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title. § 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 af- forded an opportunity for a hearing, the Sec- retary shall determine that such licensee is in- competent, or has inspected or weighed or super- vised 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 of- ficial 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 chap- ter. The Secretary may, without first affording the licensee an opportunity for a hearing, sus- pend any license temporarily pending final de- termination whenever the Secretary deems such action to be in the best interests of the official inspection system under this chapter. The Sec- retary may summarily revoke any license when- ever the licensee has been convicted of any of- fense prohibited by section 87b of this title or convicted of any offense proscribed by title 18, with respect to performance of functions under this chapter. (Aug. 11, 1916, ch. 313, pt. B, § 9, 39 Stat. 485; Aug. 1, 1956, ch. 812, 70 Stat. 780; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 765; Pub. L. 94–582, § 11, Oct. 21, 1976, 90 Stat. 2879; Pub. L. 103–156, § 12(h), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1993—Pub. L. 103–156, which directed amendment of ‘‘Section 9’’ by substituting ‘‘or has used the license’’ for ‘‘or has used his license’’ and ‘‘instructions issued to the licensee’’ for ‘‘instructions issued to him’’, with- out specifying the name of the Act being amended, was executed to this section, which is section 9 of the United States Grain Standards Act, to reflect the prob- able intent of Congress. 1976—Pub. L. 94–582 substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘inspected or weighed or supervised the weighing of’’ for ‘‘inspected’’ in two places and authorized summary revocation of li- censes based on conviction of prescribed offenses. 1968—Pub. L. 90–487 substituted provisions author- izing the suspension, revocation, and refusal of renewal of licenses by the Secretary, for provisions setting out the penalties for violations of this chapter. 1956—Act Aug. 1, 1956, provided penalties for persons who knowingly sample grain improperly and for per- sons who knowingly or willfully cause or attempt to cause the issuance of a false grade certificate by decep- tive loading, handling, or sampling of grain, or any other means. 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 OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90–487, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title. § 86. Refusal of inspection and weighing services; civil penalties (a) Grounds for refusal of services The Secretary may (for such period, or indefi- nitely, as the Secretary deems necessary to ef- fectuate the purposes of this chapter) refuse to provide official inspection or the services re- lated 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 part- nership, 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 un- incorporated association or other business enti- ty, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the busi- ness) has knowingly committed any violation of section 87b of this title, 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 serv- ices 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 pro- viding such service with respect to such grain would be inimical to the integrity of the service. (b) Persons responsibly connected with a busi- ness For purposes of subsection (a) of this section, a person shall be deemed to be responsibly con- nected with a business if the person was or is a partner, officer, director, or holder or owner of 10 per centum or more of its voting stock, or an employee in a managerial or executive capacity. (c) Civil penalties In addition to, or in lieu of, penalties provided under section 87c of this title, or in addition to,