7 U.S.C. § 75a — Untitled legal text

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 Repealed.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.