§ 77. Official inspection and weighing requirements; waiver; supervision by representatives of Secretary

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. § 77

   Aug. 11, 1916, ch. 313, pt. B, § 5, 39 Stat. 483

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 5, 39 Stat. 483

2. 1968

   Pub. L. 90–487 § 1 · 82 Stat. 761

   Substituted · 7 U.S.C. § 77

   Pub. L. 90–487 substituted provisions requiring an official inspection for export grains but authorizing the waiver of such requirements when official inspection is impracticable for provisions prohibiting misrepresentation respecting grade shipped or delivered for shipment, allowing reexamination, requiring hearing in the event of a false or misleading description, and allowing publication of findings

   Source evidence

   Code amendment note
   Pub. L. 90–487 substituted provisions requiring an official inspection for export grains but authorizing the waiver of such requirements when official inspection is impracticable for provisions prohibiting misrepresentation respecting grade shipped or delivered for shipment, allowing reexamination, requiring hearing in the event of a false or misleading description, and allowing publication of findings.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 6 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 77(a)

      Pub. L. 94–582 designated existing provisions as par. (1) of subsec. (a); struck out “that is sold, offered for sale, or consigned for sale by grade” after “any lot of such grain”; inserted official weighing requirement; substituted “officially inspected (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States)” for “officially inspected in accordance with such standards on the basis of official samples taken after final elevation as the grain is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States”; required the certificate to show the certified weight of the lot of grain provided by official inspection personnel; substituted provision for waiver by the Administrator of requirement for official inspection certificate in emergency or other circumstances which would not impair the objectives of this chapter for provision for waiver by the Secretary of any requirement of this section with respect to shipments from or to any area or any other class of shipments when in his judgment it is impracticable to provide official inspection with respect to such shipments; inserted provision for waiver by Administrator of 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 contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment;

   2. Added · 7 U.S.C. § 77(a)

      Pub. L. 94–582 added pars. (2) and (3) of subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582 designated existing provisions as par. (1) of subsec. (a); struck out “that is sold, offered for sale, or consigned for sale by grade” after “any lot of such grain”; inserted official weighing requirement; substituted “officially inspected (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States)” for “officially inspected in accordance with such standards on the basis of official samples taken after final elevation as the grain is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States”; required the certificate to show the certified weight of the lot of grain provided by official inspection personnel; substituted provision for waiver by the Administrator of requirement for official inspection certificate in emergency or other circumstances which would not impair the objectives of this chapter for provision for waiver by the Secretary of any requirement of this section with respect to shipments from or to any area or any other class of shipments when in his judgment it is impracticable to provide official inspection with respect to such shipments; inserted provision for waiver by Administrator of 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 contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment; and added pars. (2) and (3) of subsec. (a).

   Enacted provision · exact public law section
   Sec. 6. official inspection and weighing requirements Section 5 of the United States Grain Standards Act as amended (7 U.S.C. 77), is amended to read as follows: “Sec. 5 “official inspection and weighing requirements (a) Whenever standards ai’e effective under section 4 of this Act for any grain— Supra. “(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 (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States) in accordance with such standards, and unless a valid official certificate showing the official grade designation and certified weight of the lot-of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or his agent, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Administrator may waive the foregoing Waiver. requirement in emergency or other circumstances which would not impair the objectives of this Act: Provided further, That the Administrator 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 contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment; “(2) except as the Administrator may provide in emergency or other circumstances which would not impair the objectives of this Act, 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; and “(3) except as otherwise authorized by the Administrator, whenever a lot of grain is both officially inspected and officially weighed while being transferred into or out of a grain elevator, 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) All official inspection and official weighing, whether performed by authorized Service employees or any other person licensed under section 8 of this Act, shall be supervised by representatives of the Administrator, in accordance with such regulations as he may provide.”.

4. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 6 · 90 Stat. 2867

   Added · 7 U.S.C. § 77(b)

   Pub. L. 94–582 added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–582 added subsec. (b).

   Enacted provision · exact public law section
   Sec. 6. official inspection and weighing requirements Section 5 of the United States Grain Standards Act as amended (7 U.S.C. 77), is amended to read as follows: “Sec. 5 “official inspection and weighing requirements (a) Whenever standards ai’e effective under section 4 of this Act for any grain— Supra. “(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 (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States) in accordance with such standards, and unless a valid official certificate showing the official grade designation and certified weight of the lot-of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or his agent, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Administrator may waive the foregoing Waiver. requirement in emergency or other circumstances which would not impair the objectives of this Act: Provided further, That the Administrator 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 contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment; “(2) except as the Administrator may provide in emergency or other circumstances which would not impair the objectives of this Act, 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; and “(3) except as otherwise authorized by the Administrator, whenever a lot of grain is both officially inspected and officially weighed while being transferred into or out of a grain elevator, 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) All official inspection and official weighing, whether performed by authorized Service employees or any other person licensed under section 8 of this Act, shall be supervised by representatives of the Administrator, in accordance with such regulations as he may provide.”.

5. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 title XVI § 1606(b) · 91 Stat. 913

   Substituted · 7 U.S.C. § 77(a)

   Pub. L. 95–113 substituted “standards or procedures” for “standards” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–113 substituted “standards or procedures” for “standards” wherever appearing.

   Enacted provision · exact public law section
   (b) Section 5(a) is amended by inserting “or procedures” immediately after “standards” each place it appears therein.

   Effective date note
   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.

6. 1980

   Pub. L. 96–437 § 2 · 94 Stat. 1870

   Inserted · 7 U.S.C. § 77(a)(2)

   Pub. L. 96–437 inserted proviso that, unless the shipper or receiver requests that the grain be officially weighed, intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 96–437 inserted proviso that, unless the shipper or receiver requests that the grain be officially weighed, intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed.

   Enacted provision · exact public law section
   Sec. 2. Section 5(a)(2) of the United States Grain Standards Act (7 U.S.C. 77(a)) is amended to read as follows: “(2) except as the Administrator may provide in emergency or other circumstances which would not impair the objectives of this Act, 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 procedure: Provided, That, unless the shipper or receiver requests that the grain be officially weighed, intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed; and” .

7. 1990

   Grain Quality Incentives Act of 1990

   Pub. L. 101–624 title XX § 2007 · 104 Stat. 3359

   Added · 7 U.S.C. § 77(c)

   Pub. L. 101–624 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–624 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 2007. TESTING FOR AFLATOXIN CONTAMINATION OF CORN SHIPPED IN FOREIGN COMMERCE. Section 5 of the United States Grain Standards Act (7 U.S.C. 77) is amended by inserting at the end the following new subsections: “(c) The Administrator is authorized and directed to require 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.”.

8. 1993

   United States Grain Standards Act Amendments of 1993

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

   Amended · 7 U.S.C. § 77

   Pub. L. 103–156, § 12(c), which directed amendment of “Section 5”, without specifying the name of the Act being amended, was executed to this section, which is section 5 of the United States Grain Standards Act, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 103–156, § 12(c), which directed amendment of “Section 5”, without specifying the name of the Act being amended, was executed to this section, which is section 5 of the United States Grain Standards Act, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (c) Section 5 (7 U.S.C. 77) is amended— (1) in subsection (a)(1), by striking “his agent” and inserting “the agent of the shipper”; and (2) in subsection (b), by striking “he” and inserting “the Administrator”.

9. 1993

   United States Grain Standards Act Amendments of 1993

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

   Substituted · 7 U.S.C. § 77(a)(1)

   Pub. L. 103–156, § 12(c)(1), substituted “the agent of the shipper” for “his agent”

   Source evidence

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

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

10. 1993

    United States Grain Standards Act Amendments of 1993

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

    Substituted · 7 U.S.C. § 77(b)

    Pub. L. 103–156, § 12(c)(2), substituted “regulations as the Administrator” for “regulations as he”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–156, § 12(c)(2), substituted “regulations as the Administrator” for “regulations as he”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “he” and inserting “the Administrator”.

11. 1994

    Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(3) · 108 Stat. 3178

    1. Substituted · 7 U.S.C. § 77

       Pub. L. 103–354 substituted “employees of the Secretary” for “Service employees” wherever appearing

    2. Substituted · 7 U.S.C. § 77

       Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 103–354 substituted “employees of the Secretary” for “Service employees” in subsec. (b) and “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (3) in section 5(b) (7 U.S.C. 77(b)), by striking “Service employees” and inserting “employees of the Secretary”;

12. 2000

    Grain Standards and Warehouse Improvement Act of 2000

    Pub. L. 106–472 title I § 101 · 114 Stat. 2058

    Struck · 7 U.S.C. § 77(a)(1)

    Pub. L. 106–472 struck out “(on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States)” after “officially inspected”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 106–472 struck out “(on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States)” after “officially inspected”.

    Enacted provision · exact public law section
    SEC. 101. SAMPLING FOR EXPORT GRAIN. Section 5(a)(1) of the United States Grain Standards Act (7 U.S.C. 77(a)(1)) is amended by striking “(on the basis” and all that follows through “from the United States)”.

13. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(a)(1) · 129 Stat. 513

    Substituted · 7 U.S.C. § 77(a)(1)

    Pub. L. 114–54, § 301(a)(1), substituted “shall waive the foregoing requirement in emergency or other circumstances that would not impair the objectives 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” for “may waive the foregoing requirement in emergency or other circumstances which would not impair the objectives of this chapter”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–54, § 301(a)(1), substituted “shall waive the foregoing requirement in emergency or other circumstances that would not impair the objectives 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” for “may waive the foregoing requirement in emergency or other circumstances which would not impair the objectives of this chapter”.

    Enacted provision · exact public law section
    (1) Discretionary waiver authority.— Section 5(a)(1) of the United States Grain Standards Act (7 U.S.C. 77(a)(1)) is amended in the first proviso by striking “may waive the foregoing requirement in emergency or other circumstances which would not impair the objectives of this Act” and inserting “shall waive the foregoing requirement in emergency or other circumstances that would not impair the objectives of this Act 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”.

14. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(a)(2) · 129 Stat. 513

    Substituted · 7 U.S.C. § 77(a)(2)

    Pub. L. 114–54, § 301(a)(2), substituted “shipments of grain into an export elevator by any mode of transportation” for “intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 114–54, § 301(a)(2), substituted “shipments of grain into an export elevator by any mode of transportation” for “intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge,”.

    Enacted provision · exact public law section
    (2) Weighing requirements at export elevators.— Section 5(a)(2) of the United States Grain Standards Act (7 U.S.C. 77(a)(2)) is amended in the proviso by striking “intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge,” and inserting “shipments of grain into an export elevator by any mode of transportation”.

15. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(a)(3) · 129 Stat. 513

    Added · 7 U.S.C. § 77(d)

    Pub. L. 114–54, § 301(a)(3), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–54, § 301(a)(3), added subsec. (d).

    Enacted provision · exact public law section
    (3) Disruption in grain inspection or weighing.— Section 5 of the United States Grain Standards Act (7 U.S.C. 77) is amended by adding at the end the following: “(d) Disruption in Grain Inspection or Weighing.— In the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall— “(1) immediately take such actions as are necessary to address the disruption and resume inspections or weighings; “(2) not later than 24 hours after the start of the disruption in inspection or weighing, submit 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 “(3) once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed.” .

15 of 17 references resolved to an enrolled provision · 2 partial