7 U.S.C. § 76 — Standards and procedures; establishment,

Page 167 TITLE 7—AGRICULTURE § 76 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–156, § 16, Nov. 24, 1993, 107 Stat. 1530, pro- vided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the amendments made by this Act [amending this section and sections 75a to 77, 79 to 79b, 79d, 84 to 87e, 87f, 87f–1, 87h, 87j, and 87k of this title and repealing provisions set out as a note under section 79 of this title] shall take effect on the date of the enactment of this Act [Nov. 24, 1993]. ‘‘(b) SPECIAL EFFECTIVE DATE FOR CERTAIN PROVI- SIONS.—The amendments made by sections 2, 3, and 13(a) [amending sections 79d and 87h of this title and re- pealing provisions set out as a note under section 79 of this title] shall take effect as of September 30, 1993.’’ 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. § 75a. Repealed. Pub. L. 103–354, title II, § 293(a)(2), Oct. 13, 1994, 108 Stat. 3237 Section, act Aug. 11, 1916, ch. 313, pt. B, § 3A, as added Oct. 21, 1976, Pub. L. 94–582, § 4, 90 Stat. 2868; amended Sept. 29, 1977, Pub. L. 95–113, title XVI, § 1604(b), 91 Stat. 1026; Nov. 24, 1993, Pub. L. 103–156, § 15, 107 Stat. 1530, es- tablished Federal Grain Inspection Service in Depart- ment of Agriculture and provided for cost containment plan to make the Service more efficient. § 75b. Omitted Editorial Notes CODIFICATION Section, Pub. L. 101–624, title XX, § 2002, Nov. 28, 1990, 104 Stat. 3928, provided for establishment of Committee on Grain Quality and Grain Quality Coordinator, estab- lished duties of Coordinator with respect to grain qual- ity and competitiveness, and provided for termination of section on Jan. 1, 2001. § 76. Standards and procedures; establishment, amendment, and revocation (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, soy- beans, 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 com- merce; and the Secretary is authorized to amend or revoke such standards or procedures when- ever the necessities of the trade may require. (b) Notice and opportunity for comment; stand- ards 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 in- terested persons opportunity to submit data, views, and arguments thereon and, upon request, an opportunity to present data, views, and argu- ments orally in an informal manner. No stand- ards established or amendments or revocations of standards under this chapter shall become ef- fective less than one calendar year after promul- gation 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 re- garding cleanliness conditions of wheat, corn, barley, sorghum and soybeans that meet the re- quirements 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 soybeans from the United States with wheat, corn, bar- ley, sorghum and soybean exports marketed by other major exporters; (II) result in the maintenance or expansion of the United States export market share for wheat, corn, barley, sorghum and soybeans; (III) result in the maintenance or increase of United States producer income; and (IV) be in the interest of United States agri- culture, taking into consideration technical constraints, economic benefits and costs to producers and industry, price competitiveness, and importer needs; the Secretary shall establish or amend the standards to include economically and commer- cially practical levels of cleanliness for wheat, corn, barley, sorghum and soybeans. (ii) The Secretary shall make a finding under this subsection for grain of the type described in clause (i) as soon as practicable after November 28, 1990. (B)(i) In establishing requirements for cleanli- ness characteristics, the Secretary shall— (I) consider technical constraints, economic benefits and costs to producers and industry, the price competitiveness of United States ag- ricultural production, and levels of cleanliness met by major competing nations that export wheat, corn, barley, sorghum and soybeans; (II) promulgate regulations after providing for notice and an opportunity for public com- ment; and (III) phase in any requirements for cleanli- ness characteristics by incrementally decreas- ing the levels of the objectionable material permitted in shipments of grade number 3 or better wheat, corn, barley, sorghum and soy- beans. (ii) Following the phase-in period referred to in clause (i)(III), subsequent revision of cleanli- ness requirements shall be conducted consistent with the schedule of the Secretary for reviewing grain standards. (C) If the Secretary determines to establish re- quirements for cleanliness characteristics under this section, the Secretary shall ensure that such requirements are fully implemented not later than 6 years after November 28, 1990. Page 168 TITLE 7—AGRICULTURE § 76 (c) Grade determining factors related to physical soundness and purity; notice and oppor- tunity for comment (1) In establishing standards under subsection (a) for each grain for which official grades are established, the Secretary shall establish for each such grain official grade-determining fac- tors and factor limits that reflect the levels of soundness and purity that are consistent with end-use performance goals of the major foreign and domestic users of each such grain. Such fac- tors and factor limits for grades number 3 and better shall provide users of such standards the best possible information from which to deter- mine end-use product quality. The Secretary shall establish factors and factor limits that will provide that grain meeting the require- ments for grades number 3 and better will per- form in accordance with general trade expecta- tions for the predominant uses of such grain. (2) In establishing factors and factor limits under paragraph (1), the Secretary shall provide for notice and an opportunity for public com- ment prior to making changes in the grade-de- termining factors and factor limits that shall be applicable under this section to grain that is of- ficially graded. (d) Moisture content criterion If the Government of any country requests that moisture content remain a criterion in the official grade designations of grain, such cri- terion shall be included in determining the offi- cial grade designation of grain shipped to such country. (Aug. 11, 1916, ch. 313, pt. B, § 4, 39 Stat. 483; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 762; Pub. L. 94–582, § 5, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95–113, title XVI, § 1604(c), Sept. 29, 1977, 91 Stat. 1027; Pub. L. 99–198, title XVI, § 1671, Dec. 23, 1985, 99 Stat. 1632; Pub. L. 101–624, title XX, §§ 2005, 2006, Nov. 28, 1990, 104 Stat. 3930; Pub. L. 103–156, § 12(b), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 116–216, § 9, Dec. 11, 2020, 134 Stat. 1051.) Editorial Notes AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–216 substituted ‘‘soy- beans, mixed’’ for ‘‘soybeans mixed’’. 1994—Subsecs. (a) to (c). Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1993—Subsec. (a)(1). Pub. L. 103–156, which directed amendment of ‘‘Section 4(a)(1)’’ by substituting ‘‘the judgment of the Administrator’’ for ‘‘his judgment’’, without specifying the name of the Act being amended, was executed to this section, which is section 4 of the United States Grain Standards Act, to reflect the prob- able intent of Congress. 1990—Subsec. (b). Pub. L. 101–624, § 2005, designated ex- isting provisions as par. (1) and added par. (2). Subsecs. (c), (d). Pub. L. 101–624, § 2006, added subsec. (c) and redesignated former subsec. (c) as (d). 1985—Subsec. (c). Pub. L. 99–198 added subsec. (c). 1977—Subsec. (a). Pub. L. 95–113 substituted ‘‘sor- ghum’’ for ‘‘grain sorghum’’, ‘‘standards or procedures’’ for ‘‘standards’’, ‘‘weight certification and controls’’ for ‘‘weight certification procedures and controls’’, and ‘‘calibration and maintenance, for grain’’ for ‘‘calibra- tion and maintenance for grain’’. 1976—Subsec. (a). Pub. L. 94–582, § 5(a), authorized weighing of grain, designated existing provisions as cl. (1), inserted cl. (2), and reenacted provision for amend- ment or revocation of standards. Subsec. (b). Pub. L. 94–582, § 5(b), substituted ‘‘Admin- istrator’’ for ‘‘Secretary’’ in two places. 1968—Pub. L. 90–487 substituted provisions author- izing Secretary to establish, amend, and revoke stand- ards for provisions making the use of official standards compulsory, setting out exceptions, and providing for the right of appeal. 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. BENEFITS AND COSTS ASSOCIATED WITH IMPROVED GRAIN QUALITY Pub. L. 101–624, title XX, § 2003, Nov. 28, 1990, 104 Stat. 3929, provided that: ‘‘The Administrator of the Federal Grain Inspection Service shall estimate the economic impact, including the benefits and costs and the dis- tribution of such benefits and costs, of any major changes necessary to carry out the amendments made under this title to sections 4 and 13 of the United States Grain Standards Act (7 U.S.C. 76 and 87b) prior to mak- ing such changes.’’ REVISION OF GRAIN INSPECTION PROCEDURES TO REFLECT LEVELS OF INSECT INFESTATION Pub. L. 99–641, title III, § 304, Nov. 10, 1986, 100 Stat. 3565, provided that: ‘‘Not later than 6 months after the date of enactment of this Act [Nov. 10, 1986], the Ad- ministrator of the Federal Grain Inspection Service shall issue a final rule that revises grain inspection procedures and standards established under the United States Grain Standards Act (7 U.S.C. 71 et seq.) to more accurately reflect levels of insect infestation.’’ STUDY OF UNIFORM END-USE VALUE TESTS FOR GRAIN Pub. L. 99–641, title III, § 307, Nov. 10, 1986, 100 Stat. 3566, as amended by Pub. L. 104–66, title I, § 1011(i), Dec. 21, 1995, 109 Stat. 710, provided that: ‘‘(a) STUDY.—The Secretary of Agriculture shall di- rect the Federal Grain Inspection Service and the Agri- cultural Research Service to conduct a study of the need for and availability of uniform end-use value tests for grain. The study shall include the following: ‘‘(1) A survey of domestic and foreign buyers of grain to identify the information about grain charac- teristics that would be most useful to such buyers. The survey shall take into account those factors that buyers specify in contracts, test for, measure, or would measure if tests were available, including— ‘‘(A) the starch, oil, and protein content, break- age susceptibility, and individual kernel moisture of corn; ‘‘(B) the baking characteristics, protein content, gluten content and quality, and milling hardness of wheat; and ‘‘(C) the protein, oil, and free-fatty-acid content of soybeans. ‘‘(2) A review of the development and availability of tests for the characteristics identified in the survey conducted under paragraph (1), including an evalua- tion of the costs of providing such tests. ‘‘(b) END-USE TESTS.— Page 169 TITLE 7—AGRICULTURE § 77 ‘‘(1) ONGOING REVIEW.—The Secretary of Agriculture shall direct the Federal Grain Inspection Service and the Agricultural Research Service to maintain an on- going review to determine the end-use tests that are of economic value to buyers, and the availability and costs of such tests. ‘‘(2) REVISION OF PROCEDURES.—The Administrator of the Federal Grain Inspection Service, to the extent practicable, shall revise official grain inspection and certification procedures to include within official in- spection (as defined in section 3(i) of the United States Grain Standards Act (7 U.S.C. 75(i))) those tests that are identified under the study conducted under subsection (a) as useful, available, and eco- nomically feasible.’’ NEW GRAIN CLASSIFICATIONS Pub. L. 99–198, title XVI, § 1672, Dec. 23, 1985, 99 Stat. 1632, provided that: ‘‘(a) The Secretary of Agriculture shall direct the Federal Grain Inspection Service and the Agricultural Research Service to cooperate in developing new means of establishing grain classifications taking into ac- count characteristics other than those visually evident. ‘‘(b) The Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, semiannually, with the first report due not later than December 31, 1985, on the status of coopera- tive efforts required under subsection (a), as such ef- forts relate to more accurately classifying types of wheat and other grains currently in use.’’ INVESTIGATION AND STUDY REGARDING ADEQUACY OF GRAIN STANDARDS; CHANGES IN STANDARDS; REPORT TO CONGRESS BY OCTOBER 21, 1978 Pub. L. 94–582, § 24, Oct. 21, 1976, 90 Stat. 2888, which provided for investigation and study by Administrator of the Federal Grain Inspection Service regarding ade- quacy of grain standards established under this chapter in relation to needs and concerns of domestic and for- eign grain buyers, with Administrator, as result of such study, to make necessary changes in grain standards, and to submit report to Congress setting forth findings of study and actions taken as result thereof not later than two years after Oct. 21, 1976, was repealed by Pub. L. 106–472, title I, § 110(b), Nov. 9, 2000, 114 Stat. 2061. § 77. Official inspection and weighing require- ments; waiver; supervision by representa- tives of Secretary (a) Official samples and certificates; waiver; ex- cepted grains Whenever standards or procedures are effec- tive under section 76 of this title for any grain— (1) no person shall ship from the United States to any place outside thereof any lot of such grain, unless such lot is officially weighed and officially inspected in accordance with such standards or procedures, and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by official in- spection personnel and is promptly furnished by the shipper, or the agent of the shipper, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Secretary shall waive the foregoing requirement in emergency or other circumstances that would not impair the ob- jectives of this chapter whenever the parties to a contract for such shipment mutually agree to the waiver and documentation of such agreement is provided to the Secretary prior to shipment: Provided further, That the Sec- retary shall waive the requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the con- tract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Secretary prior to shipment; (2) except as the Secretary may provide in emergency or other circumstances which would not impair the objectives of this chap- ter, all other grain transferred out of and all grain transferred into an export elevator at an export port location shall be officially weighed in accordance with such standards or proce- dure: Provided, That, unless the shipper or re- ceiver requests that the grain be officially weighed, shipments of grain into an export el- evator by any mode of transportation and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed; and (3) except as otherwise authorized by the Secretary, whenever a lot of grain is both offi- cially inspected and officially weighed while being transferred into or out of a grain eleva- tor, warehouse, or other storage or handling facility, an official certificate shall be issued showing both the official grade designation and the certified weight of the lot of grain. (b) Supervision by representatives of Secretary All official inspection and official weighing, whether performed by authorized employees of the Secretary or any other person licensed under section 84 of this title, shall be supervised by representatives of the Secretary, in accord- ance with such regulations as the Secretary may provide. (c) Testing for aflatoxin contamination of corn shipped in foreign commerce The Secretary is authorized and directed to re- quire that all corn exported from the United States be tested to ascertain whether it exceeds acceptable levels of aflatoxin contamination, unless the contract for export between the buyer and seller stipulates that aflatoxin testing shall not be conducted. (d) Disruption in grain inspection or weighing In the case of a disruption in official grain in- spections or weighings, including if the Sec- retary waives the requirement for official in- spection due to an emergency under subsection (a)(1), the Secretary shall— (1) immediately take such actions as are necessary to address the disruption and re- sume inspections or weighings; (2) not later than 24 hours after the start of the disruption in inspection or weighing, sub- mit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes— (A) the disruption; and (B) any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and