§ 75. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1916

   Pub. L. 64–313 · 39 Stat. 446

   Enacted · 7 U.S.C. § 75

   Aug. 11, 1916, ch. 313, pt. B, § 3, 39 Stat. 483

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 3, 39 Stat. 483

2. 1968

   Pub. L. 90–487 § 1 · 82 Stat. 761

   Substituted · 7 U.S.C. § 75

   Pub. L. 90–487 substituted provisions defining terms used in the chapter for provisions that the standards fixed and established by the Secretary of Agriculture be known as the official grain standards of the United States

   Source evidence

   Code amendment note
   Pub. L. 90–487 substituted provisions defining terms used in the chapter for provisions that the standards fixed and established by the Secretary of Agriculture be known as the official grain standards of the United States.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 3(a) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 75(i)

   Pub. L. 94–582, § 3(a), substituted “Administrator” for “Secretary”, and expanded definition of “official inspection” to include determination “(by original inspection, and when requested, reinspection and appeal inspection)” and determination and certification of the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of the grain

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 94–582, § 3(a), substituted “Administrator” for “Secretary”, and expanded definition of “official inspection” to include determination “(by original inspection, and when requested, reinspection and appeal inspection)” and determination and certification of the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of the grain.

   Enacted provision · exact public law section
   (a) Subsection (i) is amended to read as follows: “(i) The term ‘official inspection’ means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this Act, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or, upon request of the interested party applying for inspection, the quantity of sacks of grain, or other facts relating to grain under other criteria approved by the Administrator under this Act (the term ‘officially inspected’ shall be construed accordingly);”.

4. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 3(b) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 75(j)

   Pub. L. 94–582, § 3(b), in redefining “official inspection personnel”, substituted provision declaring term to mean “persons licensed or otherwise authorized by the Administrator pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing” for “employees of State or other governmental agencies or commercial agencies or other persons who are licensed to perform all or specified functions involved in official inspection under this chapter; employees of the Department of Agriculture who are authorized to supervise official inspection and to conduct appeal inspection or initial inspection of United States grain in Canadian ports”

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 94–582, § 3(b), in redefining “official inspection personnel”, substituted provision declaring term to mean “persons licensed or otherwise authorized by the Administrator pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing” for “employees of State or other governmental agencies or commercial agencies or other persons who are licensed to perform all or specified functions involved in official inspection under this chapter; employees of the Department of Agriculture who are authorized to supervise official inspection and to conduct appeal inspection or initial inspection of United States grain in Canadian ports”.

   Enacted provision · exact public law section
   (b) Subsection (j) is amended to read as follows: “(j) The term ‘official inspection personnel’ means persons licensed or otherwise authorized by the Administrator pursuant to section 8 of this Act to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing;”.

5. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 3(c) · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 75(k)

      Pub. L. 94–582, § 3(c), substituted “Administrator” for “Secretary”

   2. Substituted · 7 U.S.C. § 75(k)

      Pub. L. 94–582, § 3(c), substituted “official inspection or official weighing” for “an official inspection”

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 94–582, § 3(c), substituted “Administrator” for “Secretary” and “official inspection or official weighing” for “an official inspection”.

   Enacted provision · exact public law section
   (c) Subsection (k) is amended to read as follows: “(k) The term ‘official mark’ means any symbol prescribed by regulations o.f the Administrator to show the official determination of official inspection or official weighing;”.

6. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 3(d) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 75(l)

   Pub. L. 94–582, § 3(d), substituted “standards relating to kind, class, quality, and condition of grain,” for “standards”

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 94–582, § 3(d), substituted “standards relating to kind, class, quality, and condition of grain,” for “standards”.

   Enacted provision · exact public law section
   (d) Subsection (1) defining the term “official grade designation” is amended by inserting immediately after the word “standards”, the following: “relating to kind, class, quality, and condition of grain,”.

7. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 3(e) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 75(m)

   Pub. L. 94–582, § 3(e), substituted definition of “official agency” meaning “any State or local governmental agency, or any person, designated by the Administrator pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (b) of section 79a of this title for the conduct of supervision of weighing” for definition of “official inspection agency” meaning “the agency or person located at an inspection point designated by the Secretary for the conduct of official inspection under this chapter”

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 94–582, § 3(e), substituted definition of “official agency” meaning “any State or local governmental agency, or any person, designated by the Administrator pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (b) of section 79a of this title for the conduct of supervision of weighing” for definition of “official inspection agency” meaning “the agency or person located at an inspection point designated by the Secretary for the conduct of official inspection under this chapter”.

   Enacted provision · exact public law section
   (e) Subsection (m) is amended to read as follows: “(m) The term ‘official agency’ means any State or local govern-mental agency, or any person, designated by the Administrator Post, p. 2870. pursuant to subsection if) of section 7 of this Act for the conduct of official inspection (other than appeal inspection), or subsection (b) Post, p. 2875. of section 7A of I his Act for the conduct of supervision of weighing;”.

8. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 3(f) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 75(n)

   Pub. L. 94–582, § 3(f), substituted “Administrator” for “Secretary”

   Source evidence

   Code amendment note
   Subsec. (n). Pub. L. 94–582, § 3(f), substituted “Administrator” for “Secretary”.

   Enacted provision · exact public law section
   (f) Subsection (n) is amended by striking out the word “Secretary” and inserting in lieu thereof the word “Administrator”.

9. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 3(g) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 75(u)

   Pub. L. 94–582, § 3(g), included within term defined and its definition the concept of “weighing” and substituted “Administrator” for “Secretary”

   Source evidence

   Code amendment note
   Subsec. (u). Pub. L. 94–582, § 3(g), included within term defined and its definition the concept of “weighing” and substituted “Administrator” for “Secretary”.

   Enacted provision · exact public law section
   (g) Subsection (u) is amended to read as follows: “(u) The term ‘deceptive, loading, handling, weighing, or sampling’ means any maimer of loading, handling, weighing, or sampling that deceives or tends to deceive official inspection personnel, as specified by regulations of the Administrator under this Act;”.

10. 1976

    United States Grain Standards Act of 1976

    Pub. L. 94–582 § 3(h) · 90 Stat. 2867

    Added · 7 U.S.C. § 75(v)(aa)

    Pub. L. 94–582, § 3(h), added subsecs. (v) to (aa)

    Source evidence

    Code amendment note
    Subsecs. (v) to (aa). Pub. L. 94–582, § 3(h), added subsecs. (v) to (aa).

    Enacted provision · exact public law section
    (h) Section 3 is further amended by adding at the end thereof new subsections (v), (w), (x), (y), (z), and (aa) as follows: “(v) The term ‘export elevator’ means any grain elevator, warehouse, or other storage or handling facility m the United States as determined by the Administrator, from which grain is shipped from the United States to an area outside thereof; “(w) The term ‘export port location’ means a commonly recognized port of export in the United States or Canada, as determined by the Administrator, from which grain produced in the United States is shipped to any place outside the United States; “(x) The term ‘official weighing’ means the determination and certification by official inspection personnel of the quantity of a lot of grain under standards provided in this Act, based on the actual performance of weighing or the physical supervision thereof, including the physical inspection and testing for accuracy of the weights and scales and the physical inspection of the premises at which the weighing is performed and the monitoring of the discharge of grain into the elevator or conveyance (the terms ‘officially weigh’ and ‘officially weighed’ shall be construed accordingly) ; “(y) The term ‘supervision of weighing’ means the supervision of the weighing process and of the certification of the weight of grain, and the physical inspection of the premises at which the weighing is performed to assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance represented on the weight certificate or other document; “(z) The term ‘Administrator’ means the Administrator of the Federal Grain Inspection Service or his delegates; “(aa) The term ‘Service’ means the Federal Grain Inspection Service.”.

11. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1604(a)(1) · 91 Stat. 913

    Substituted · 7 U.S.C. § 75(g)

    Pub. L. 95–113, § 1604(a)(1), substituted “sorghum” for “grain sorghum”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 95–113, § 1604(a)(1), substituted “sorghum” for “grain sorghum”.

    Enacted provision · exact public law section
    (1) striking out “grain sorghum” in subsection (g) and inserting in lieu thereof “sorghum”;

12. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1606(a) · 91 Stat. 913

    Struck · 7 U.S.C. § 75(i)

    Pub. L. 95–113, § 1606(a), struck out reference to the determination of the quantity of sacks of grain upon the request of the interested party applying for inspection

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 95–113, § 1606(a), struck out reference to the determination of the quantity of sacks of grain upon the request of the interested party applying for inspection.

    Enacted provision · exact public law section
    (a) Section 3(i) is amended by striking out “or, upon request of the interested party applying for inspection, the quantity of sacks of grain,”.

13. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1604(a)(2) · 91 Stat. 913

    Substituted · 7 U.S.C. § 75(m)

    Pub. L. 95–113, § 1604(a)(2), substituted “or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing)” for “or subsection (b) of section 79a of this title for the conduct of supervision of weighing”

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 95–113, § 1604(a)(2), substituted “or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing)” for “or subsection (b) of section 79a of this title for the conduct of supervision of weighing”.

    Enacted provision · exact public law section
    (2) amending subsection (m) to read as follows: “(m) the term ‘official agency’ means any State or local governmental agency, or any person, designated by the Administrator pursuant 7 USC 79. to subsection (f) of section 7 of this Act for the conduct of official inspection (other than appeal inspection), or 7 USC 79a. subsection (c) of section 7A of this Act for the conduct of official weighing or supervision of weighing (other than appeal weighing);”;

14. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1604(a)(3) · 91 Stat. 913

    Substituted · 7 U.S.C. § 75(x)

    Pub. L. 95–113, § 1604(a)(3), substituted “under standards provided for in this chapter” for “under standards provided in this chapter”

    Source evidence

    Code amendment note
    Subsec. (x). Pub. L. 95–113, § 1604(a)(3), substituted “under standards provided for in this chapter” for “under standards provided in this chapter”.

    Enacted provision · exact public law section
    (3) inserting “for” immediately after “under standards provided” in subsection (x); and

15. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1604(a)(4) · 91 Stat. 913

    Substituted · 7 U.S.C. § 75(y)

    Pub. L. 95–113, § 1604(a)(4), substituted “such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance” for “the supervision of the weighing process and of the certification of the weight of grain, and the physical inspection of the premises at which the weighing is performed to assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance represented on the weight certificate or other document”

    Source evidence

    Code amendment note
    Subsec. (y). Pub. L. 95–113, § 1604(a)(4), substituted “such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance” for “the supervision of the weighing process and of the certification of the weight of grain, and the physical inspection of the premises at which the weighing is performed to assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance represented on the weight certificate or other document”.

    Enacted provision · exact public law section
    (4) amending subsection (y) to read as follows: “(y) the term ‘supervision of weighing’ means such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance;”.

16. 1980

    Pub. L. 96–437 § 1 · 94 Stat. 1870

    Added · 7 U.S.C. § 75(bb)

    Pub. L. 96–437 added subsec. (bb)

    Source evidence

    Code amendment note
    Subsec. (bb). Pub. L. 96–437 added subsec. (bb).

    Enacted provision · exact public law section
    (1) in subsection (aa) striking out the period and inserting in lieu thereof and”, and

17. 1991

    Pub. L. 102–237 title X § 1007(1) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 75(i)(k)(u)(x)(z)(aa)

    Pub. L. 102–237 substituted “the” for “The” before “term”

    Source evidence

    Code amendment note
    Subsecs. (i) to (k), (u) to (x), (z), (aa). Pub. L. 102–237 substituted “the” for “The” before “term”.

    Enacted provision · exact public law section
    (1) in section 3 (7 U.S.C. 75), by striking “The” in subsections (i), (j). (k), (u), (v), (w), (x), (z), and (aa) and inserting “the”;

18. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(a) · 107 Stat. 1525

    Amended · 7 U.S.C. § 75

    Pub. L. 103–156, § 12(a), which directed amendment of “Section 3”, without specifying the name of the Act being amended, was executed to this section, which is section 3 of the United States Grain Standards Act, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Pub. L. 103–156, § 12(a), which directed amendment of “Section 3”, without specifying the name of the Act being amended, was executed to this section, which is section 3 of the United States Grain Standards Act, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (a) Section 3 (7 U.S.C. 75) is amended— (1) in subsection (a), by striking “his delegates” and inserting “delegates of the Secretary”; and (2) in subsection (z), by striking “his delegates” and inserting “delegates of the Administrator”.

    Effective date note
    Pub. L. 103–156, § 16, Nov. 24, 1993, 107 Stat. 1530, provided that:

19. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(a)(1) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 75(a)

    Pub. L. 103–156, § 12(a)(1), substituted “delegates of the Secretary” for “his delegates”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–156, § 12(a)(1), substituted “delegates of the Secretary” for “his delegates”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “his delegates” and inserting “delegates of the Secretary”; and

    Effective date note
    Pub. L. 103–156, § 16, Nov. 24, 1993, 107 Stat. 1530, provided that:

20. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(a)(2) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 75(z)

    Pub. L. 103–156, § 12(a)(2), substituted “delegates of the Administrator” for “his delegates”

    Source evidence

    Code amendment note
    Subsec. (z). Pub. L. 103–156, § 12(a)(2), substituted “delegates of the Administrator” for “his delegates”.

    Enacted provision · exact public law section
    (2) in subsection (z), by striking “his delegates” and inserting “delegates of the Administrator”.

    Effective date note
    Pub. L. 103–156, § 16, Nov. 24, 1993, 107 Stat. 1530, provided that:

21. 1994

    Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(1) · 108 Stat. 3178

    1. Substituted · 7 U.S.C. § 75

       Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing in subsecs. (i) to (k), (m), (n), (u) to (w), and (y)

    2. Redesignated · 7 U.S.C. § 75

       Pub. L. 103–354 redesignated subsec. (bb) as (z)

    3. Struck · 7 U.S.C. § 75

       Pub. L. 103–354 struck out former subsecs. (z) and (aa) which read as follows:

    Source evidence

    Code amendment note
    Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing in subsecs. (i) to (k), (m), (n), (u) to (w), and (y), redesignated subsec. (bb) as (z), and struck out former subsecs. (z) and (aa) which read as follows:

    “(z) the term ‘Administrator’ means the Administrator of the Federal Grain Inspection Service or delegates of the Administrator; “(aa) the term ‘Service’ means the Federal Grain Inspection Service; and”.

    Enacted provision · exact public law section
    (1) in section 3 (7 U.S.C. 75)— (A) by inserting “and” at the end of subsection (y); (B) by striking subsections (z) and (aa); and (C) by redesignating subsection (bb) as subsection (z);

22 of 24 references resolved to an enrolled provision · 2 partial