Title 7 — Agriculture
Chapter 3 — Grain Standards
§ 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States
Statutory text
Whenever standards relating to kind, class, quality, or condition of grain are effective under section 76 of this title for any grain no person shall in any sale, offer for sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade.
No person shall, in any sale, offer for sale, or consignment for sale, of any grain which involves the shipment of such grain from the United States to any place outside thereof, knowingly describe such grain by any official grade designation, or other description, which is false or misleading.
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.
Pub. L. 64–313 · 39 Stat. 446
Enacted · 7 U.S.C. § 78
Aug. 11, 1916, ch. 313, pt. B, § 6, 39 Stat. 484
Source evidence
Code source credit
Aug. 11, 1916, ch. 313, pt. B, § 6, 39 Stat. 484Pub. L. 85–509 · 72 Stat. 352
Changed · 7 U.S.C. § 78
Pub. L. 85–509 authorized payment of employees assigned to perform appeal inspection for all overtime, night, or holiday work, and permitted acceptance of reimbursement for any sums paid for such work
Source evidence
Code amendment note
Pub. L. 85–509 authorized payment of employees assigned to perform appeal inspection for all overtime, night, or holiday work, and permitted acceptance of reimbursement for any sums paid for such work.Pub. L. 90–487 § 1 · 82 Stat. 761
Substituted · 7 U.S.C. § 78
Pub. L. 90–487 substituted provisions requiring the use of official grade designations and prohibiting the use of false or misleading description of grain shipped out of the United States, for provisions allowing the appeal to the Secretary from official grading, authorizing the payment of additional fees for employees required in making appeal inspections, and making the findings prima facie evidence of the grain’s true grade
Source evidence
Code amendment note
Pub. L. 90–487 substituted provisions requiring the use of official grade designations and prohibiting the use of false or misleading description of grain shipped out of the United States, for provisions allowing the appeal to the Secretary from official grading, authorizing the payment of additional fees for employees required in making appeal inspections, and making the findings prima facie evidence of the grain’s true grade.United States Grain Standards Act of 1976
Pub. L. 94–582 § 7 · 90 Stat. 2867
Substituted · 7 U.S.C. § 78(a)
Pub. L. 94–582 substituted “standards relating to kind, class, quality, or condition of grain” for “standards”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–582 substituted “standards relating to kind, class, quality, or condition of grain” for “standards”.Enacted provision · exact public law section
Sec. 7. required use of official grade designations Section 6(a) of the United States Grain Standards Act, as amended (7 U.S.C. 78), is amended by inserting immediately after the words “Whenever standards”, the following: “relating to kind, class, quality, or condition of grain”.Food and Agriculture Act of 1977
Pub. L. 95–113 title XVI § 1606(c) · 91 Stat. 913
Substituted · 7 U.S.C. § 78(a)
Pub. L. 95–113 substituted “criteria” for “factor information”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–113 substituted “criteria” for “factor information”.Enacted provision · exact public law section
(c) Section 6(a) is amended by striking out “factor information” and inserting in lieu thereof “criteria”.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.
2 of 5 references resolved to an enrolled provision · 3 partial
Editorial Notes
Amendments1958–1977 · 4 rounds
1977
Subsec. (a). Pub. L. 95–113 substituted “criteria” for “factor information”.
1976
Subsec. (a). Pub. L. 94–582 substituted “standards relating to kind, class, quality, or condition of grain” for “standards”.
1968
Pub. L. 90–487 substituted provisions requiring the use of official grade designations and prohibiting the use of false or misleading description of grain shipped out of the United States, for provisions allowing the appeal to the Secretary from official grading, authorizing the payment of additional fees for employees required in making appeal inspections, and making the findings prima facie evidence of the grain’s true grade.
1958
Pub. L. 85–509 authorized payment of employees assigned to perform appeal inspection for all overtime, night, or holiday work, and permitted acceptance of reimbursement for any sums paid for such work.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–113 effective , 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 , see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.
Effective Date of 1968 Amendment
Pub. L. 90–487, § 2, , 82 Stat. 770, provided that: “This Act [amending this section and sections 71, 74, 75, 76, 77, 79, 84, 85, 86, and 87 of this title and enacting sections 87a to 87h of this title] shall become effective one hundred and eighty days after enactment hereof [], except that the repeal of the mandatory inspection provisions with respect to grain shipped or delivered for shipment in interstate commerce shall become effective thirty days after enactment hereof, and the provisions of sections 6(a) and 13(a)(5) of the United States Grain Standards Act, as amended by this Act [subsec. (a) of this section and section 87b(a)(5) of this title] shall then become effective with respect to such grain.”
Credits
1916–1977 · 5 acts
- 1916Aug. 11, 1916, ch. 313, pt. B, § 6, 39 Stat. 484
- 1958Pub. L. 85–509, , 72 Stat. 352
- 1968Pub. L. 90–487, § 1, , 82 Stat. 763
- 1976Pub. L. 94–582, § 7, , 90 Stat. 2870
- 1977Pub. L. 95–113, title XVI, § 1606(c), , 91 Stat. 1030.
Show as published
(Aug. 11, 1916, ch. 313, pt. B, § 6, 39 Stat. 484; Pub. L. 85–509, , 72 Stat. 352; Pub. L. 90–487, § 1, , 82 Stat. 763; Pub. L. 94–582, § 7, , 90 Stat. 2870; Pub. L. 95–113, title XVI, § 1606(c), , 91 Stat. 1030.)