7 U.S.C. § 87e — General authorities

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. Page 192 TITLE 7—AGRICULTURE § 87e (d) Authority of Office of Investigation of Depart- ment of Agriculture The Office of Investigation of the Department of Agriculture (or such other organization or agency within the Department of Agriculture which may be delegated the authority, in lieu thereof, to conduct investigations on behalf of the Department of Agriculture) shall conduct such investigations regarding the operation or administration of this chapter or any official transaction with which this chapter is con- cerned, as the Director thereof deems necessary to assure the integrity of official inspection and weighing under this chapter. (e) Research program to develop methods of im- proving accuracy and uniformity in grading grain The Secretary is authorized to conduct, in co- operation with other agencies within the De- partment of Agriculture, a continuing research program for the purpose of developing methods to improve accuracy and uniformity in grading grain. (f) Adequate personnel to meet inspection and weighing requirements To assure the normal movement of grain at all inspection points in a timely manner consistent with the policy expressed in section 74 of this title, the Secretary shall, notwithstanding any other provision of law, provide adequate per- sonnel to meet the inspection and weighing re- quirements of this chapter. (g) Testing of certain weighing equipment (1) Subject to paragraph (2), the Secretary may provide for the testing of weighing equip- ment used for purposes other than weighing grain. The testing shall be performed— (A) in accordance with such regulations as the Secretary may prescribe; and (B) for a reasonable fee established by regu- lation or contractual agreement and sufficient to cover, as nearly as practicable, the esti- mated costs of the testing performed. (2) Testing performed under paragraph (1) may not conflict with or impede the objectives speci- fied in section 74 of this title. (h) Testing of grain inspection instruments (1) Subject to paragraph (2), the Secretary may provide for the testing of grain inspection instruments used for commercial inspection. The testing shall be performed— (A) in accordance with such regulations as the Secretary may prescribe; and (B) for a reasonable fee established by regu- lation or contractual agreement and sufficient to cover, as nearly as practicable, the esti- mated costs of the testing performed. (2) Testing performed under paragraph (1) may not conflict with or impede the objectives speci- fied in section 74 of this title. (i) Additional for fee services (1) In accordance with such regulations as the Secretary may provide, the Secretary may per- form such other services as the Secretary con- siders to be appropriate. (2) In addition to the fees authorized by sec- tions 79, 79a, 79b, and 87f–1 of this title, and this section, the Secretary shall collect reasonable fees to cover the estimated costs of services per- formed under paragraph (1) other than standard- ization and foreign monitoring activities. (3) To the extent practicable, the fees col- lected under paragraph (2), together with any proceeds from the sale of any samples, shall cover the costs, including administrative and supervisory costs, of services performed under paragraph (1). (j) Deposit of fees Fees collected under subsections (g), (h), and (i) shall be deposited into the fund created under section 79(j) of this title. (k) Official courtesies The Secretary may extend appropriate cour- tesies to official representatives of foreign coun- tries in order to establish and maintain rela- tionships to carry out the policy stated in sec- tion 74 of this title. No gift offered or accepted pursuant to this subsection shall exceed $20 in value. (Aug. 11, 1916, ch. 313, pt. B, § 16, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 94–582, § 18, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 95–113, title XVI, §§ 1604(k), 1606(i), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 102–237, title X, § 1007(2), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103–156, § 9, Nov. 24, 1993, 107 Stat. 1527; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes AMENDMENTS 1994—Subsecs. (a) to (c), (e) to (i), (k). Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1993—Subsec. (b). Pub. L. 103–156, § 9(1), struck out at end ‘‘The Administrator shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate at the end of every three-month period with respect to investigative action taken on complaints, during the immediately preceding three-month pe- riod.’’ Subsecs. (g) to (k). Pub. L. 103–156, § 9(2), added sub- secs. (g) to (k). 1991—Subsec. (a). Pub. L. 102–237 substituted ‘‘Admin- istrator’’ for ‘‘Administrtor’’ at end of second sentence. 1977—Subsec. (a). Pub. L. 95–113, § 1604(k)(1), rear- ranged existing provisions and inserted references to the installation of handling and weighing equipment and to warehouses and other grain storage or handling facilities. Subsec. (b). Pub. L. 95–113, § 1606(i), substituted ‘‘Com- mittee on Agriculture, Nutrition, and Forestry’’ for ‘‘Committee on Agriculture and Forestry’’. Subsec. (f). Pub. L. 95–113, § 1604(k)(2), struck out ‘‘ad- ditional’’ before ‘‘inspection and weighing require- ments’’. 1976—Subsec. (a). Pub. L. 94–582 substituted author- izations of ‘‘Administrator’’ for authorizations of ‘‘Sec- retary’’, ‘‘official agency’’ for ‘‘official inspection agen- cy’’, and ‘‘other person’’ for ‘‘any person’’ respecting re- porting requirement, required reports from State agen- cies delegated authority under this chapter and from li- censees, inserted items (1) to (3) relating to conditions for official inspection, authorized issuance of instruc- tions, and struck out reference to section 86 of this title, including proceedings for refusal of official in- spection service not required by section 77 of this title, as not being subject to administrative procedure provi- sions. Page 193 TITLE 7—AGRICULTURE § 87f Subsecs. (b) to (f). Pub. L. 94–582 added subsecs. (b) to (f). 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. TEMPORARY EXERCISE BY SECRETARY OF AGRICULTURE OF POWERS, DUTIES, AND AUTHORIZATIONS OF ADMIN- ISTRATOR PENDING APPOINTMENT OF ADMINISTRATOR Powers, duties, and authorizations of the Adminis- trator of the Federal Grain Inspection Service to be ex- ercised by the Secretary of Agriculture pending the ap- pointment of the Administrator, see section 25 of Pub. L. 94–582, set out as a note under section 75a of this title. § 87e–1. Repealed. Pub. L. 106–472, title I, § 110(b), Nov. 9, 2000, 114 Stat. 2061 Section, Pub. L. 94–582, § 23, Oct. 21, 1976, 90 Stat. 2888, authorized purchase or lease of inspection equipment. § 87f. Enforcement provisions (a) Subpena power For the purposes of this chapter, the Secretary shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person with respect to whom such authority is exer- cised; and the Secretary shall have power to re- quire by subpena the attendance and testimony of witnesses and the production of all such docu- mentary evidence relating to any matter under investigation by the Secretary, and may admin- ister oaths and affirmations, examine witnesses, and receive evidence. (b) Disobedience of subpena Such attendance of witnesses, and the produc- tion of such documentary evidence, may be re- quired from any place in the United States, at any designated place of hearing. In case of dis- obedience to a subpena the Secretary may in- voke the aid of any court designated in sub- section (h) of this section in requiring the at- tendance and testimony of witnesses and the production of documentary evidence. (c) Court order requiring attendance and testi- mony of witnesses Any such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such per- son to appear before the Secretary or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt there- of. (d) Fees and mileage costs of witnesses Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses from whom depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (e) Violation of subpena as misdemeanor Any person who shall neglect or refuse to at- tend and testify, or to answer any lawful in- quiry, or to produce documentary evidence, if in the power of the person to do so, in obedience to the subpena or lawful requirement of the Sec- retary, shall be guilty of a misdemeanor, and upon conviction thereof be subject to imprison- ment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine. (f) Repealed. Pub. L. 91–452, title II, § 203, Oct. 15, 1970, 84 Stat. 928 (g) Repealed. Pub. L. 94–582, § 19(d), Oct. 21, 1976, 90 Stat. 2886 (h) District court jurisdiction The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other terri- tories and possessions of the United States shall have jurisdiction in cases arising under this chapter. (Aug. 11, 1916, ch. 313, pt. B, § 17, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 91–452, title II, § 203, Oct. 15, 1970, 84 Stat. 928; Pub. L. 94–582, § 19, Oct. 21, 1976, 90 Stat. 2885; Pub. L. 103–156, §§ 10, 12(o), Nov. 24, 1993, 107 Stat. 1528, 1529; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.) Editorial Notes AMENDMENTS 1994—Subsecs. (a) to (e). Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1993—Subsec. (e). Pub. L. 103–156, § 12(o), which di- rected amendment of ‘‘Section 17(e)’’ by substituting ‘‘the power of the person’’ for ‘‘his power’’, without specifying the name of the Act being amended, was exe- cuted to this section, which is section 17 of the United States Grain Standards Act, to reflect the probable in- tent of Congress. Pub. L. 103–156, § 10, substituted ‘‘imprisonment for not more than 1 year or a fine of not more than $10,000 or both the imprisonment and fine’’ for ‘‘the penalties set forth in subsection (a) of section 87c of this title’’. 1976—Subsec. (a). Pub. L. 94–582, § 19(a), (b), sub- stituted ‘‘Administrator’’ for ‘‘Secretary’’ in two places and inserted ‘‘by the Administrator’’ after ‘‘under in- vestigation’’, respectively. Subsecs. (b) to (d). Pub. L. 94–582, § 19(a), substituted ‘‘Administrator’’ for ‘‘Secretary’’ in subsecs. (b) to (d). Subsec. (e). Pub. L. 94–582, § 19(a), (c), substituted ‘‘Administrator’’ for ‘‘Secretary’’ and inserted ‘‘sub- section (a) of’’ before ‘‘section 87c of this title’’. Subsec. (g). Pub. L. 94–582, § 19(d), struck out subsec. (g) which made unlawful disclosure of information by an officer or employee of the Department of Agri- culture a misdemeanor, subject to the penalties set forth in section 87c of this title.