§ 79. Official inspection

Footnotes

1. 1 So in original. Probably should be “the Secretary’s”.
2. 2 See United States Grain Standards Act Extension note below.

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. § 79

   Aug. 11, 1916, ch. 313, pt. B, § 7, 39 Stat. 484

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 7, 39 Stat. 484

2. 1968

   Pub. L. 90–487 § 1 · 82 Stat. 761

   Substituted · 7 U.S.C. § 79

   Pub. L. 90–487 substituted provisions covering the authority and funding of official inspections for provisions covering the licensing of inspectors and the utilization by the Secretary of Agriculture of State inspectors

   Source evidence

   Code amendment note
   Pub. L. 90–487 substituted provisions covering the authority and funding of official inspections for provisions covering the licensing of inspectors and the utilization by the Secretary of Agriculture of State inspectors.

3. 2000

   Grain Standards and Warehouse Improvement Act of 2000

   Pub. L. 106–472 § 102(a) · 114 Stat. 2058

   1. Added · 7 U.S.C. § 79(f)(2)

      Pub. L. 106–472, § 102(a), added heading and text of par. (2)

   2. Struck · 7 U.S.C. § 79(f)(2)

      Pub. L. 106–472, § 102(a), struck out former par. (2) which read as follows: “Not more than one official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter shall be operative at one time for any geographic area as determined by the Secretary to effectuate the objectives stated in section 74 of this title, except that the Secretary may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title.”

   Source evidence

   Code amendment note
   Subsec. (f)(2). Pub. L. 106–472, § 102(a), added heading and text of par. (2) and struck out former par. (2) which read as follows: “Not more than one official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter shall be operative at one time for any geographic area as determined by the Secretary to effectuate the objectives stated in section 74 of this title, except that the Secretary may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title.”

   Enacted provision · exact public law section
   (a) Inspection Authority.— Section 7(f) of the United States Grain Standards Act (7 U.S.C. 79(f)) is amended by striking paragraph (2) and inserting the following: “(2) Geographic boundaries for official agencies.— Not more than one official agency designated under paragraph (1) or State delegated authority under subsection (e)(2) to carry out the inspection provisions of this Act shall be operative at the same time in any geographic area defined by the Secretary, except that, if the Secretary determines that the presence of more than one designated official agency in the same geographic area will not undermine the policy stated in section 2, the Secretary may— “(A) allow more than one designated official agency to carry out inspections within the same geographical area as part of a pilot program; and “(B) allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if the Secretary also determines that— “(i) the current designated official agency for that geographic area is unable to provide inspection services in a timely manner; “(ii) a person requesting inspection services in that geographic area has not been receiving official inspection services from the current designated official agency for that geographic area; or “(iii) a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot basis.”.

4. 2000

   Grain Standards and Warehouse Improvement Act of 2000

   Pub. L. 106–472 § 103(a) · 114 Stat. 2058

   Substituted · 7 U.S.C. § 79(j)(4)

   Pub. L. 106–472, § 103(a), substituted “2005” for “2000” in first sentence

   Source evidence

   Code amendment note
   Subsec. (j)(4). Pub. L. 106–472, § 103(a), substituted “2005” for “2000” in first sentence.

   Enacted provision · exact public law section
   (a) Inspection and Supervisory Fees.— Section 7(j)(4) of the United States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended in the first sentence by striking “2000” and inserting “2005”.

5. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 8(1) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 79(a)

   Pub. L. 94–582, § 8(1), formerly § 8(a)(1), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Administrator” for “Secretary”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582, § 8(1), formerly § 8(a)(1), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Administrator” for “Secretary”.

   Enacted provision · exact public law section
   (1) Subsections (a), (b), and (c) are amended by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”.

6. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 8(1) · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 79(b)

      Pub. L. 94–582, § 8(1), (2), formerly § 8(a)(1), (2), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Administrator” for “Secretary” in two places

   2. Struck · 7 U.S.C. § 79(b)

      Pub. L. 94–582, § 8(1), (2), formerly § 8(a)(1), (2), as renumbered by Pub. L. 106–472, § 110(a)(1), struck out from first sentence “or with respect to United States grain in Canadian ports” after “within the United States”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–582, § 8(1), (2), formerly § 8(a)(1), (2), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Administrator” for “Secretary” in two places and struck out from first sentence “or with respect to United States grain in Canadian ports” after “within the United States”.

   Enacted provision · exact public law section
   (1) Subsections (a), (b), and (c) are amended by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”.

7. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 8(1) · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 79(c)

      Pub. L. 94–582, § 8(1), (3), formerly § 8(a)(1), (3), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Administrator” for “Secretary” in two places;

   2. Substituted · 7 U.S.C. § 79(c)

      Pub. L. 94–582, § 8(1), (3), formerly § 8(a)(1), (3), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Service” for “Department of Agriculture” required regulation provision for use of standard forms for official certificates, respectively

   3. Substituted · 7 U.S.C. § 79(c)

      Pub. L. 94–582, § 8(1), (3), formerly § 8(a)(1), (3), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “cancellation and surrender” for “cancellation” required regulation provision for use of standard forms for official certificates, respectively

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–582, § 8(1), (3), formerly § 8(a)(1), (3), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Administrator” for “Secretary” in two places; and substituted “Service” for “Department of Agriculture” and “cancellation and surrender” for “cancellation” and required regulation provision for use of standard forms for official certificates, respectively.

   Enacted provision · exact public law section
   (1) Subsections (a), (b), and (c) are amended by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”.

8. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 8(4) · 90 Stat. 2867

   Substituted · 7 U.S.C. § 79(d)

   Pub. L. 94–582, § 8(4), formerly § 8(a)(4), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Official certificates setting out the results of official inspection” for “Certificates”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–582, § 8(4), formerly § 8(a)(4), as renumbered by Pub. L. 106–472, § 110(a)(1), substituted “Official certificates setting out the results of official inspection” for “Certificates”.

   Enacted provision · exact public law section
   (4) Subsection (d) is amended by striking out the word “Certificates” and inserting in lieu thereof the words “Official certificates setting out the results of official inspection”.

9. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 8(5) · 90 Stat. 2867

   1. Added · 7 U.S.C. § 79(e)

      Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), added subsec. (e)

   2. Struck · 7 U.S.C. § 79(e)

      Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), struck out former subsec. (e) which authorized charging and collection of reasonable fees to cover cost of official inspection and to cover costs of Department of Agriculture incident to performance of appeal and Canadian port inspection services for which fees are collected, including supervisory and administrative costs, and for deposit of fees and proceeds from sale of samples obtained for purposes of official inspection which become property of the United States into a fund to be available without fiscal year limitation for expenses of the Department of Agriculture incident to providing official inspection services. Fee provisions are now covered in subsec. (j)(2) of this section

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), added subsec. (e) and struck out former subsec. (e) which authorized charging and collection of reasonable fees to cover cost of official inspection and to cover costs of Department of Agriculture incident to performance of appeal and Canadian port inspection services for which fees are collected, including supervisory and administrative costs, and for deposit of fees and proceeds from sale of samples obtained for purposes of official inspection which become property of the United States into a fund to be available without fiscal year limitation for expenses of the Department of Agriculture incident to providing official inspection services. Fee provisions are now covered in subsec. (j)(2) of this section.

   Enacted provision · exact public law section
   (5) Section 7 is further amended by changing subsections (e) and (f) and adding new subsections (g), (h), (i), and (j) to read, respectively, as follows: “(e) (1) Except as otherwise provided in paragraph (2) of this subsection, the Administrator shall cause official inspection at export port locations, for all grain required or authorized to be inspected by this Act, to be performed by official inspection personnel employed by the Service or other persons under contract with the Service as provided in section 8 of this Act. “(2) If the Administrator determines pursuant to paragraph (3) of this subsection that a State agency which was performing official inspection at an export port location under this Act on July 1, 1976, is qualified to perform official inspection and meets the criteria in subsection (f)(1)(A) of this section, the Administrator may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) at export port locations within the State, including export port locations which may in the future be established, subject to such rules, regulations, instructions, and oversight as he may prescribe, and any such official inspection shall continue to be the direct responsibility of the Administrator. Any such delegation may be revoked by the Administrator, at his discretion, at any time upon notice to the State agency without opportunity for a hearing. The Administrator may provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States shall be inspected in the manner provided in this subsection or subsection (f) of this section, as the Administrator determines will best meet the objectives of this Act. “(3) Prior to delegating authority to a State agency for the performance Investigation. of official inspection at export port locations pursuant Io paragraph (2) of this subsection, the Administrator shall (A) conduct an investigation to determine whether such agency is qualified, and (B) make findings based on such investigation. In conducting the investigation, Consultation, review. the Administrator shall consult with, and review the available files of the Department of Justice, 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), and the General Accounting Office. “(f) (1) With respect to official inspections other than at export Designation. port locations, the Administrator is authorized, upon application by any State or local governmental agency, or any person, to designate such agency or person as an official agency for the conduct of all or specified functions involved in official inspection (other than appeal inspection) at locations where the Administrator determines official inspection is needed, if— “(A) the agency or person shows to the satisfaction of the Administrator that such agency or person— “(i) has adequate facilities and qualified personnel for the performance of such official inspection functions; “(ii) will provide for the periodic rotation of official inspection personnel among the grain elevators, warehouses, or other storage or handling facilities at which the State or person provides official inspection, as is necessary to preserve the integrity of the official inspection service; “(iii) will meet training requirements and personnel standards established by the Administrator under section 8(g) of this Act ; “(iv) will otherwise conduct such training and provide such supervision of its personnel as are necessary to assure that they will provide official inspection in accordance with this Act and the regulations and instructions thereunder; “(v) will not charge official inspection fees that are discriminatory or unreasonable ; “(vi) if a State or local governmental agency, will not use any moneys collected pursuant to the charging of fees for any purpose other than the maintenance of the official inspection operation or other agricultural programs operated by the State or local governmental agency ; “(vii) and any related entities do not have a conflict of interest prohibited by section 11 of this Act; “(viii) will maintain complete and accurate records of its organization, staffing, official activities, and fiscal operations, and such other records as the Administrator may require by regulation; “(ix) if a State or local governmental agency, will employ personnel on the basis of job qualifications rather than political affiliations; “(x) will comply with all provisions of this Act and the regulations and instructions thereunder; and “(xi) meets other criteria established in regulations issued under this Act relating to official functions under this Act; and “(B) the Administrator determines that the applicant is better able than any other applicant to provide official inspection service. “(2) Not more than one official agency for carrying out the provisions of this Act shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives Ante, p. 2867. stated in sect ion 2 of this Act, but. this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968. No official agency or State delegated authority pursuant to subsection (e)(2) of this section shall officially inspect under this Act any official or other sample drawn from a lot of grain and submitted for inspection unless such lot of grain is physically located within the geographic area assigned to the agency by the Administrator at the time such sample is drawn. No State or local governmental agency or person shall provide any official inspection for the purposes of this Act except pursuant to an unsuspended and unrevoked delegation of authority or designation by the Administrator, as provided in this section, or as provided in section 8(a) of this Act. “(g) (1) Designations of official agencies shall terminate at such time as specified by the Administrator but not later than triennially and may be renewed in accordance with the criteria and procedure prescribed in subsections (e) and (f) of this section, “(2) A designation of an official agency may be amended at any time upon application by the official agency if the Administrator determines that the amendment will be consistent with the provisions and objectives of this Act; and a designation will be cancelled upon request by the official agency with ninety days written notice to the Fee. Administrator. A fee as prescribed by regulations of the Administrator shall be paid by the official agency to the Administrator for each such amendment, to cover the costs incurred by the Service in connection therewith, and it shall be deposited in the fund created in subsection (j) of this section. “(3) The Administrator may revoke a designation of an official agency whenever, after opportunity for hearing is afforded the agency, the Administrator determines that the agency has failed to meet one or more of the criteria specified in subsection (f) of this section or the regulations under this Act for the performance of official functions, or otherwise has not complied with any provision of this Act or any regulation prescribed or instruction issued to such agency under this Act, or has been convicted of any violation of other Federal law involving Suspension. the handling or official inspection of grain: Provided, That the Administrator may, without first affording the official agency an opportunity for a hearing, suspend any designation pending final determination of the proceeding whenever the Administrator has reason to believe there is cause for revocation of the designation and considers such action to be in the best interest of the official inspection system under this Act. The Administrator shall afford any such agency an opportunity Hearing. for a hearing within thirty days after temporarily suspending such designation. “(h) If the Administrator determines that official inspection by an official agency designated under subsection (f) of this section is not available on a regular basis at any location (other than at an export port location) where the Administrator determines such inspection is needed to effectuate the objectives stated in section 2 of this Act, and Ante, p. 2867. that no official agency within reasonable proximity to such location is willing to provide or has or can acquire adequate personnel and facilities for providing such service on an interim basis, official inspection shall be provided by authorized employees of the Service, and other persons licensed by the Administrator to perform official inspection functions, as provided in section 8 of this Act, until such time as the Post, p. 2877. service can be provided on a regular basis by an official agency. “(i) The Administrator is authorized to cause official inspection Canadian Government, inspection agreement. Ante, p. 2869. under this Act to be made, as provided in subsection (a) of section 5 of this Act, in Canadian ports of United States export grain transshipped through Canadian ports, and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such inspection. “(j) (1) The Administrator shall, under such regulations as he may Inspection fees, regulations. prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs directly related to such official inspection of grain incurred outside the Service’s Washington office. Such fees, and the proceeds from the sale Fund. of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which Fees. authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service (outside of the Washington office) relating to direct supervision of official agency personnel and direct supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10. and 14 of this Act. The fees shall be payable after the Post, pp. 2879, 2884. services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty days after it is due Termination. shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest andany further expenses incurred by the Service because of such termination.”.

10. 1976

    United States Grain Standards Act of 1976

    Pub. L. 94–582 § 8(5) · 90 Stat. 2867

    1. Added · 7 U.S.C. § 79(f)

       Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), added par. (1) and second and third sentences of par. (2)

    2. Amended · 7 U.S.C. § 79(f)

       Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), designated existing provisions as par. (2)

    3. Substituted · 7 U.S.C. § 79(f)

       Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), substituting “one official agency for carrying out the provisions of this chapter shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 74 of this title” for “one inspection agency for carrying out the provisions of this section shall be operative at one time for any one city, town, or other area”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), added par. (1) and second and third sentences of par. (2), and designated existing provisions as par. (2), substituting “one official agency for carrying out the provisions of this chapter shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 74 of this title” for “one inspection agency for carrying out the provisions of this section shall be operative at one time for any one city, town, or other area”.

    Enacted provision · exact public law section
    (5) Section 7 is further amended by changing subsections (e) and (f) and adding new subsections (g), (h), (i), and (j) to read, respectively, as follows: “(e) (1) Except as otherwise provided in paragraph (2) of this subsection, the Administrator shall cause official inspection at export port locations, for all grain required or authorized to be inspected by this Act, to be performed by official inspection personnel employed by the Service or other persons under contract with the Service as provided in section 8 of this Act. “(2) If the Administrator determines pursuant to paragraph (3) of this subsection that a State agency which was performing official inspection at an export port location under this Act on July 1, 1976, is qualified to perform official inspection and meets the criteria in subsection (f)(1)(A) of this section, the Administrator may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) at export port locations within the State, including export port locations which may in the future be established, subject to such rules, regulations, instructions, and oversight as he may prescribe, and any such official inspection shall continue to be the direct responsibility of the Administrator. Any such delegation may be revoked by the Administrator, at his discretion, at any time upon notice to the State agency without opportunity for a hearing. The Administrator may provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States shall be inspected in the manner provided in this subsection or subsection (f) of this section, as the Administrator determines will best meet the objectives of this Act. “(3) Prior to delegating authority to a State agency for the performance Investigation. of official inspection at export port locations pursuant Io paragraph (2) of this subsection, the Administrator shall (A) conduct an investigation to determine whether such agency is qualified, and (B) make findings based on such investigation. In conducting the investigation, Consultation, review. the Administrator shall consult with, and review the available files of the Department of Justice, 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), and the General Accounting Office. “(f) (1) With respect to official inspections other than at export Designation. port locations, the Administrator is authorized, upon application by any State or local governmental agency, or any person, to designate such agency or person as an official agency for the conduct of all or specified functions involved in official inspection (other than appeal inspection) at locations where the Administrator determines official inspection is needed, if— “(A) the agency or person shows to the satisfaction of the Administrator that such agency or person— “(i) has adequate facilities and qualified personnel for the performance of such official inspection functions; “(ii) will provide for the periodic rotation of official inspection personnel among the grain elevators, warehouses, or other storage or handling facilities at which the State or person provides official inspection, as is necessary to preserve the integrity of the official inspection service; “(iii) will meet training requirements and personnel standards established by the Administrator under section 8(g) of this Act ; “(iv) will otherwise conduct such training and provide such supervision of its personnel as are necessary to assure that they will provide official inspection in accordance with this Act and the regulations and instructions thereunder; “(v) will not charge official inspection fees that are discriminatory or unreasonable ; “(vi) if a State or local governmental agency, will not use any moneys collected pursuant to the charging of fees for any purpose other than the maintenance of the official inspection operation or other agricultural programs operated by the State or local governmental agency ; “(vii) and any related entities do not have a conflict of interest prohibited by section 11 of this Act; “(viii) will maintain complete and accurate records of its organization, staffing, official activities, and fiscal operations, and such other records as the Administrator may require by regulation; “(ix) if a State or local governmental agency, will employ personnel on the basis of job qualifications rather than political affiliations; “(x) will comply with all provisions of this Act and the regulations and instructions thereunder; and “(xi) meets other criteria established in regulations issued under this Act relating to official functions under this Act; and “(B) the Administrator determines that the applicant is better able than any other applicant to provide official inspection service. “(2) Not more than one official agency for carrying out the provisions of this Act shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives Ante, p. 2867. stated in sect ion 2 of this Act, but. this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968. No official agency or State delegated authority pursuant to subsection (e)(2) of this section shall officially inspect under this Act any official or other sample drawn from a lot of grain and submitted for inspection unless such lot of grain is physically located within the geographic area assigned to the agency by the Administrator at the time such sample is drawn. No State or local governmental agency or person shall provide any official inspection for the purposes of this Act except pursuant to an unsuspended and unrevoked delegation of authority or designation by the Administrator, as provided in this section, or as provided in section 8(a) of this Act. “(g) (1) Designations of official agencies shall terminate at such time as specified by the Administrator but not later than triennially and may be renewed in accordance with the criteria and procedure prescribed in subsections (e) and (f) of this section, “(2) A designation of an official agency may be amended at any time upon application by the official agency if the Administrator determines that the amendment will be consistent with the provisions and objectives of this Act; and a designation will be cancelled upon request by the official agency with ninety days written notice to the Fee. Administrator. A fee as prescribed by regulations of the Administrator shall be paid by the official agency to the Administrator for each such amendment, to cover the costs incurred by the Service in connection therewith, and it shall be deposited in the fund created in subsection (j) of this section. “(3) The Administrator may revoke a designation of an official agency whenever, after opportunity for hearing is afforded the agency, the Administrator determines that the agency has failed to meet one or more of the criteria specified in subsection (f) of this section or the regulations under this Act for the performance of official functions, or otherwise has not complied with any provision of this Act or any regulation prescribed or instruction issued to such agency under this Act, or has been convicted of any violation of other Federal law involving Suspension. the handling or official inspection of grain: Provided, That the Administrator may, without first affording the official agency an opportunity for a hearing, suspend any designation pending final determination of the proceeding whenever the Administrator has reason to believe there is cause for revocation of the designation and considers such action to be in the best interest of the official inspection system under this Act. The Administrator shall afford any such agency an opportunity Hearing. for a hearing within thirty days after temporarily suspending such designation. “(h) If the Administrator determines that official inspection by an official agency designated under subsection (f) of this section is not available on a regular basis at any location (other than at an export port location) where the Administrator determines such inspection is needed to effectuate the objectives stated in section 2 of this Act, and Ante, p. 2867. that no official agency within reasonable proximity to such location is willing to provide or has or can acquire adequate personnel and facilities for providing such service on an interim basis, official inspection shall be provided by authorized employees of the Service, and other persons licensed by the Administrator to perform official inspection functions, as provided in section 8 of this Act, until such time as the Post, p. 2877. service can be provided on a regular basis by an official agency. “(i) The Administrator is authorized to cause official inspection Canadian Government, inspection agreement. Ante, p. 2869. under this Act to be made, as provided in subsection (a) of section 5 of this Act, in Canadian ports of United States export grain transshipped through Canadian ports, and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such inspection. “(j) (1) The Administrator shall, under such regulations as he may Inspection fees, regulations. prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs directly related to such official inspection of grain incurred outside the Service’s Washington office. Such fees, and the proceeds from the sale Fund. of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which Fees. authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service (outside of the Washington office) relating to direct supervision of official agency personnel and direct supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10. and 14 of this Act. The fees shall be payable after the Post, pp. 2879, 2884. services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty days after it is due Termination. shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest andany further expenses incurred by the Service because of such termination.”.

11. 1976

    United States Grain Standards Act of 1976

    Pub. L. 94–582 § 8(5) · 90 Stat. 2867

    Added · 7 U.S.C. § 79(g)(j)

    Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), added subsecs. (g) to (j)

    Source evidence

    Code amendment note
    Subsecs. (g) to (j). Pub. L. 94–582, § 8(5), formerly § 8(a)(5), as renumbered by Pub. L. 106–472, § 110(a)(1), added subsecs. (g) to (j).

    Enacted provision · exact public law section
    (5) Section 7 is further amended by changing subsections (e) and (f) and adding new subsections (g), (h), (i), and (j) to read, respectively, as follows: “(e) (1) Except as otherwise provided in paragraph (2) of this subsection, the Administrator shall cause official inspection at export port locations, for all grain required or authorized to be inspected by this Act, to be performed by official inspection personnel employed by the Service or other persons under contract with the Service as provided in section 8 of this Act. “(2) If the Administrator determines pursuant to paragraph (3) of this subsection that a State agency which was performing official inspection at an export port location under this Act on July 1, 1976, is qualified to perform official inspection and meets the criteria in subsection (f)(1)(A) of this section, the Administrator may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) at export port locations within the State, including export port locations which may in the future be established, subject to such rules, regulations, instructions, and oversight as he may prescribe, and any such official inspection shall continue to be the direct responsibility of the Administrator. Any such delegation may be revoked by the Administrator, at his discretion, at any time upon notice to the State agency without opportunity for a hearing. The Administrator may provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States shall be inspected in the manner provided in this subsection or subsection (f) of this section, as the Administrator determines will best meet the objectives of this Act. “(3) Prior to delegating authority to a State agency for the performance Investigation. of official inspection at export port locations pursuant Io paragraph (2) of this subsection, the Administrator shall (A) conduct an investigation to determine whether such agency is qualified, and (B) make findings based on such investigation. In conducting the investigation, Consultation, review. the Administrator shall consult with, and review the available files of the Department of Justice, 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), and the General Accounting Office. “(f) (1) With respect to official inspections other than at export Designation. port locations, the Administrator is authorized, upon application by any State or local governmental agency, or any person, to designate such agency or person as an official agency for the conduct of all or specified functions involved in official inspection (other than appeal inspection) at locations where the Administrator determines official inspection is needed, if— “(A) the agency or person shows to the satisfaction of the Administrator that such agency or person— “(i) has adequate facilities and qualified personnel for the performance of such official inspection functions; “(ii) will provide for the periodic rotation of official inspection personnel among the grain elevators, warehouses, or other storage or handling facilities at which the State or person provides official inspection, as is necessary to preserve the integrity of the official inspection service; “(iii) will meet training requirements and personnel standards established by the Administrator under section 8(g) of this Act ; “(iv) will otherwise conduct such training and provide such supervision of its personnel as are necessary to assure that they will provide official inspection in accordance with this Act and the regulations and instructions thereunder; “(v) will not charge official inspection fees that are discriminatory or unreasonable ; “(vi) if a State or local governmental agency, will not use any moneys collected pursuant to the charging of fees for any purpose other than the maintenance of the official inspection operation or other agricultural programs operated by the State or local governmental agency ; “(vii) and any related entities do not have a conflict of interest prohibited by section 11 of this Act; “(viii) will maintain complete and accurate records of its organization, staffing, official activities, and fiscal operations, and such other records as the Administrator may require by regulation; “(ix) if a State or local governmental agency, will employ personnel on the basis of job qualifications rather than political affiliations; “(x) will comply with all provisions of this Act and the regulations and instructions thereunder; and “(xi) meets other criteria established in regulations issued under this Act relating to official functions under this Act; and “(B) the Administrator determines that the applicant is better able than any other applicant to provide official inspection service. “(2) Not more than one official agency for carrying out the provisions of this Act shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives Ante, p. 2867. stated in sect ion 2 of this Act, but. this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968. No official agency or State delegated authority pursuant to subsection (e)(2) of this section shall officially inspect under this Act any official or other sample drawn from a lot of grain and submitted for inspection unless such lot of grain is physically located within the geographic area assigned to the agency by the Administrator at the time such sample is drawn. No State or local governmental agency or person shall provide any official inspection for the purposes of this Act except pursuant to an unsuspended and unrevoked delegation of authority or designation by the Administrator, as provided in this section, or as provided in section 8(a) of this Act. “(g) (1) Designations of official agencies shall terminate at such time as specified by the Administrator but not later than triennially and may be renewed in accordance with the criteria and procedure prescribed in subsections (e) and (f) of this section, “(2) A designation of an official agency may be amended at any time upon application by the official agency if the Administrator determines that the amendment will be consistent with the provisions and objectives of this Act; and a designation will be cancelled upon request by the official agency with ninety days written notice to the Fee. Administrator. A fee as prescribed by regulations of the Administrator shall be paid by the official agency to the Administrator for each such amendment, to cover the costs incurred by the Service in connection therewith, and it shall be deposited in the fund created in subsection (j) of this section. “(3) The Administrator may revoke a designation of an official agency whenever, after opportunity for hearing is afforded the agency, the Administrator determines that the agency has failed to meet one or more of the criteria specified in subsection (f) of this section or the regulations under this Act for the performance of official functions, or otherwise has not complied with any provision of this Act or any regulation prescribed or instruction issued to such agency under this Act, or has been convicted of any violation of other Federal law involving Suspension. the handling or official inspection of grain: Provided, That the Administrator may, without first affording the official agency an opportunity for a hearing, suspend any designation pending final determination of the proceeding whenever the Administrator has reason to believe there is cause for revocation of the designation and considers such action to be in the best interest of the official inspection system under this Act. The Administrator shall afford any such agency an opportunity Hearing. for a hearing within thirty days after temporarily suspending such designation. “(h) If the Administrator determines that official inspection by an official agency designated under subsection (f) of this section is not available on a regular basis at any location (other than at an export port location) where the Administrator determines such inspection is needed to effectuate the objectives stated in section 2 of this Act, and Ante, p. 2867. that no official agency within reasonable proximity to such location is willing to provide or has or can acquire adequate personnel and facilities for providing such service on an interim basis, official inspection shall be provided by authorized employees of the Service, and other persons licensed by the Administrator to perform official inspection functions, as provided in section 8 of this Act, until such time as the Post, p. 2877. service can be provided on a regular basis by an official agency. “(i) The Administrator is authorized to cause official inspection Canadian Government, inspection agreement. Ante, p. 2869. under this Act to be made, as provided in subsection (a) of section 5 of this Act, in Canadian ports of United States export grain transshipped through Canadian ports, and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such inspection. “(j) (1) The Administrator shall, under such regulations as he may Inspection fees, regulations. prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs directly related to such official inspection of grain incurred outside the Service’s Washington office. Such fees, and the proceeds from the sale Fund. of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which Fees. authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service (outside of the Washington office) relating to direct supervision of official agency personnel and direct supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10. and 14 of this Act. The fees shall be payable after the Post, pp. 2879, 2884. services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty days after it is due Termination. shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest andany further expenses incurred by the Service because of such termination.”.

12. 1977

    Food and Agriculture Act of 1977

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

    Struck · 7 U.S.C. § 79(b)

    Pub. L. 95–113, § 1606(d), struck out reference to a determination of the quantity of sacks of grain

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–113, § 1606(d), struck out reference to a determination of the quantity of sacks of grain.

    Enacted provision · exact public law section
    (d) Section 7(b) is amended by striking out “or quantity of sacks of grain,”

13. 1977

    Food and Agriculture Act of 1977

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

    Amended · 7 U.S.C. § 79(e)

    Pub. L. 95–113, § 1604(d)(1), designated as par. (4) provisions, formerly forming a part of par. (2), authorizing the Administrator to provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States be inspected in the manner provided in this subsection or subsec. (f) of this section, as the Administrator determines best meets the objectives of this chapter

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 95–113, § 1604(d)(1), designated as par. (4) provisions, formerly forming a part of par. (2), authorizing the Administrator to provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States be inspected in the manner provided in this subsection or subsec. (f) of this section, as the Administrator determines best meets the objectives of this chapter.

    Enacted provision · exact public law section
    (1) designating the third sentence in paragraph (2) of sub-section (e) as paragraph (4) of subsection (e) and inserting it at the end of subsection (e);

14. 1977

    Food and Agriculture Act of 1977

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

    1. Substituted · 7 U.S.C. § 79(f)(2)

       Pub. L. 95–113, § 1604(d)(2), substituted “official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter” for “official agency for carrying out the provisions of this chapter”

    2. Struck · 7 U.S.C. § 79(f)(2)

       Pub. L. 95–113, § 1604(d)(2), struck out “, but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968” after “section 74 of this title”

    3. Redesignated · 7 U.S.C. § 79(f)(2)

       Pub. L. 95–113, § 1604(d)(2), redesignated other existing provisions as pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 95–113, § 1604(d)(2), substituted “official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter” for “official agency for carrying out the provisions of this chapter”, struck out “, but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968” after “section 74 of this title”, and redesignated other existing provisions as pars. (3) and (4).

    Enacted provision · exact public law section
    (2) amending subsection (f) by— (A) in the first sentence of paragraph (2), inserting “or State delegated authority pursuant to subsection (e)(2) of this section” immediately after “Not more than one official agency”, inserting “inspection” immediately before “provisions of this Act”, and striking out “, but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968”; (B) striking out “No” in the second sentence of paragraph (2) and inserting in lieu thereof “Except as authorized by the Administrator, no”; (C) designating the second sentence of paragraph (2) as paragraph (3) of subsection (f); and (D) designating the third sentence of paragraph (2) as paragraph (4) of subsection (f);

15. 1977

    Food and Agriculture Act of 1977

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

    1. Redesignated · 7 U.S.C. § 79(f)(3)

       Pub. L. 95–113, § 1604(d)(2)(B), (C), redesignated a portion of existing par. (2) as (3)

    2. Substituted · 7 U.S.C. § 79(f)(3)

       Pub. L. 95–113, § 1604(d)(2)(B), (C), substituted “Except as authorized by the Administrator, no” for “No”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 95–113, § 1604(d)(2)(B), (C), redesignated a portion of existing par. (2) as (3) and substituted “Except as authorized by the Administrator, no” for “No”.

    Enacted provision · exact public law section
    (B) striking out “No” in the second sentence of paragraph (2) and inserting in lieu thereof “Except as authorized by the Administrator, no”;

16. 1977

    Food and Agriculture Act of 1977

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

    Redesignated · 7 U.S.C. § 79(f)(4)

    Pub. L. 95–113, § 1604(d)(2)(D), redesignated a portion of existing par. (2) as (4)

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 95–113, § 1604(d)(2)(D), redesignated a portion of existing par. (2) as (4).

    Enacted provision · exact public law section
    (D) designating the third sentence of paragraph (2) as paragraph (4) of subsection (f);

17. 1977

    Food and Agriculture Act of 1977

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

    Substituted · 7 U.S.C. § 79(g)(1)

    Pub. L. 95–113, § 1604(d)(3), substituted “prescribed in subsection (f)” for “prescribed in subsections (e) and (f)”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 95–113, § 1604(d)(3), substituted “prescribed in subsection (f)” for “prescribed in subsections (e) and (f)”.

    Enacted provision · exact public law section
    (3) striking out “subsections (e) and (f)” in paragraph (1) of subsection (g) and inserting in lieu thereof “subsection (f)”; and

18. 1977

    Food and Agriculture Act of 1977

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

    Inserted · 7 U.S.C. § 79(i)

    Pub. L. 95–113, § 1604(d)(4), inserted provision that all or specified functions of the inspections be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 95–113, § 1604(d)(4), inserted provision that all or specified functions of the inspections be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.

    Enacted provision · exact public law section
    (4) adding at the end of subsection (i) a new sentence as fol-lows: “All or specified functions of such inspections shall be per-formed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.”.

19. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1602(a) · 91 Stat. 913

    Changed · 7 U.S.C. § 79(j)

    Pub. L. 95–113, § 1602(a), revised provisions relating to fees so as to remove requirement that field supervision of inspection be supported by fees

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 95–113, § 1602(a), revised provisions relating to fees so as to remove requirement that field supervision of inspection be supported by fees.

    Enacted provision · exact public law section
    (a) Section 7(j) of the United States Grain Standards Act (90 Stat. 2873; 7 U.S.C. 79(j)) is amended to read as follows: “(j) The Administrator shall, under such regulations as the Administrator Inspection costs. may prescribe, charge and collect reasonable fees to cover the estimated cost of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”.

20. 1981

    Pub. L. 97–35 title I § 155(1) · 95 Stat. 357

    1. Amended · 7 U.S.C. § 79(j)

       Pub. L. 97–35 temporarily designated existing provisions as par. (1), made changes in nomenclature and provided for inclusion, rather than exclusion, of administrative and supervisory costs

    2. Added · 7 U.S.C. § 79(j)

       Pub. L. 97–35 temporarily added par. (2). See Effective and Termination Dates of 1981 Amendments note below

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 97–35 temporarily designated existing provisions as par. (1), made changes in nomenclature and provided for inclusion, rather than exclusion, of administrative and supervisory costs, and added par. (2). See Effective and Termination Dates of 1981 Amendments note below.

    Enacted provision · exact public law section
    (1) amending section 7(j) (7 U.S.C. 79(j)) to read as follows: “(j) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official inspection of grain. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service relating to supervision of official agency personnel arid supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10, and 14 of this Act. The fees shall be 7 USC 85, 86, 87c. payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty Overdue fee. days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of such termination. The interest rate on overdue Interest rate. fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum.”;

21. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 title IX § 1113(a) · 95 Stat. 1213

    Inserted · 7 U.S.C. § 79(e)(2)

    Pub. L. 97–98 inserted provision authorizing the Administrator to delegate authority to perform grain inspection functions at export port locations to any State agency that performed official inspection at an export port location at any time prior to July 1, 1976, was designated under subsec. (f) of this section on Dec. 22, 1981, to perform inspections at locations other than export port locations, and operates in a State from which the total annual exports of grain do not exceed 5 per centum of the total amount of grain exported from the United States

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 97–98 inserted provision authorizing the Administrator to delegate authority to perform grain inspection functions at export port locations to any State agency that performed official inspection at an export port location at any time prior to July 1, 1976, was designated under subsec. (f) of this section on Dec. 22, 1981, to perform inspections at locations other than export port locations, and operates in a State from which the total annual exports of grain do not exceed 5 per centum of the total amount of grain exported from the United States.

    Enacted provision · exact public law section
    (a) The first sentence of section 7(e)(2) of the United States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended by striking out “If the Administrator determines” and all that follows down through “the criteria in subsection (f)(1)(A) of this section,” and inserting in lieu thereof: “If the Administrator determines, pursuant to paragraph (3) of this subsection, that a State agency is qualified to perform official inspection, meets the criteria in subsection (f)(1)(A) of this section, and (A) was performing official inspection at an export port location under this Act on July 1, 1976, or (B)(i) performed official inspection at an export port location at any time prior to July 1, 1976, (ii) was designated under subsection (f) of this section on the date of enactment of the Agriculture and Food Act of 1981 to perform official inspections at locations other than export port locations, and (iii) operates in a State from which total annual exports of grain do not exceed, as determined by the Administrator, 5 per centum of the total amount of grain exported from the United States annually,”.

22. 1984

    Pub. L. 98–469 § 2(1) · 98 Stat. 1831

    Added · 7 U.S.C. § 79(j)(3)

    Pub. L. 98–469 temporarily added par. (3). See Effective and Termination Dates of 1984 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (j)(3). Pub. L. 98–469 temporarily added par. (3). See Effective and Termination Dates of 1984 Amendment note below.

    Enacted provision · exact public law section
    (1) adding at the end of section 7(j) (7 U.S.C. 79(j)J a new paragraph as follows: “(3) Any sums collected or received by the Administrator under this Act and deposited to the fund created in paragraph (1) of this subsection and any late payment penalties collected by the Administrator and credited to such fund may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. The interest earned on such sums and any late payment penalties collected by the Administrator shall be credited to the fund and shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”;

23. 1988

    United States Grain Standards Act Amendments of 1988

    Pub. L. 100–518 § 2(1) · 102 Stat. 2584

    Changed · 7 U.S.C. § 79(j)

    Pub. L. 100–518 reenacted subsec. (j) without change

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 100–518 reenacted subsec. (j) without change.

    Enacted provision · exact public law section
    (1) by amending subsection (j) of section 7 (7 U.S.C. 79(j)) to read as follows: “(j) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable inspection fees to cover the estimated cost to the Service incident to the performance of official inspection except when the official inspection is performed by a designated official agency or by a State under a Canada. delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official inspection of grain. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act. “(2) Each designated official agency and each State agency to which authority has been delegated under subsection (e) of this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the estimated costs incurred by the Service relating to supervision of official agency personnel and supervision by Service personnel of its field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10, and 14 of this Act. The fees shall be payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in paragraph (1) of this subsection. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any fur-ther expenses incurred by the Service because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary and adjusted to the nearest one-eighth of 1 per centum. “(3) Any sums collected or received by the Administrator under Securities. this Act and deposited to the fund created in paragraph (1) of this subsection and any late payment penalties collected by the Administrator and credited to such fund may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. The interest earned on such sums and any late payment penalties collected by the Administrator shall be credited to the fund and shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”;

24. 1993

    United States Grain Standards Act Amendments of 1993

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

    Amended · 7 U.S.C. § 79

    Pub. L. 103–156, § 12(d), which directed amendment of “Section 7”, without specifying the name of the Act being amended, was executed to this section, which is section 7 of the United States Grain Standards Act, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Pub. L. 103–156, § 12(d), which directed amendment of “Section 7”, without specifying the name of the Act being amended, was executed to this section, which is section 7 of the United States Grain Standards Act, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (d) Section 7 (7 U.S.C. 79) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; (2) in subsection (b)— (A) by striking “he” and inserting “the Administrator”; and (B) by striking “his judgment” and inserting “the judgment of the Administrator”; and (3) in subsection (e)(2)— (A) by striking “he” and inserting “the Administrator”; and (B) by striking “his discretion” and inserting “the discretion of the Administrator”.

25. 1993

    United States Grain Standards Act Amendments of 1993

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

    Substituted · 7 U.S.C. § 79(a)

    Pub. L. 103–156, § 12(d)(1), substituted “regulations as the Administrator” for “regulations as he”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–156, § 12(d)(1), substituted “regulations as the Administrator” for “regulations as he”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “he” and inserting “the Administrator”;

26. 1993

    United States Grain Standards Act Amendments of 1993

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

    1. Substituted · 7 U.S.C. § 79(b)

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

    2. Substituted · 7 U.S.C. § 79(b)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking “he” and inserting “the Administrator”; and (B) by striking “his judgment” and inserting “the judgment of the Administrator”; and

27. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(d)(3) · 107 Stat. 1525

    1. Substituted · 7 U.S.C. § 79(e)(2)

       Pub. L. 103–156, § 12(d)(3), substituted “oversight as the Administrator” for “oversight as he”

    2. Substituted · 7 U.S.C. § 79(e)(2)

       Pub. L. 103–156, § 12(d)(3), substituted “the discretion of the Administrator” for “his discretion”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 103–156, § 12(d)(3), substituted “oversight as the Administrator” for “oversight as he” and “the discretion of the Administrator” for “his discretion”.

    Enacted provision · exact public law section
    (3) in subsection (e)(2)— (A) by striking “he” and inserting “the Administrator”; and (B) by striking “his discretion” and inserting “the discretion of the Administrator”.

28. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 4(a)(1) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 79(f)(1)(A)(vi)

    Pub. L. 103–156, § 4(a)(1), substituted “of the State” for “or other agricultural programs operated by the State”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A)(vi). Pub. L. 103–156, § 4(a)(1), substituted “of the State” for “or other agricultural programs operated by the State”.

    Enacted provision · exact public law section
    (1) in subsection (f)(l)(A)(vi), by striking “or other agricultural programs operated by” and inserting “of”; and

29. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 5(a) · 107 Stat. 1525

    Inserted · 7 U.S.C. § 79(f)(2)

    Pub. L. 103–156, § 5(a), inserted before period at end “, except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 103–156, § 5(a), inserted before period at end “, except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title”.

    Enacted provision · exact public law section
    (a) Inspection Authority.— Section 7(f)(2) of the United States Grain Standards Act (7 U.S.C. 79(f)(2)) is amended by inserting before the period at the end “, except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 2”.

30. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 4(a)(2) · 107 Stat. 1525

    Inserted · 7 U.S.C. § 79(i)

    Pub. L. 103–156, § 4(a)(2), inserted before period at end “or as otherwise provided by agreement with the Canadian Government”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–156, § 4(a)(2), inserted before period at end “or as otherwise provided by agreement with the Canadian Government”.

    Enacted provision · exact public law section
    (2) in the second sentence of subsection (i), by inserting before the period at the end “or as otherwise provided by agreement with the Canadian Government”.

31. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 14(a) · 107 Stat. 1525

    Added · 7 U.S.C. § 79(j)(4)

    Pub. L. 103–156, § 14(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 103–156, § 14(a), added par. (4).

    Enacted provision · exact public law section
    (a) Inspection and Supervisory Fees.— Section 7(j) of the United States Grain Standards Act (7 U.S.C. 79(j)) is amended by adding at the end the following new paragraph: “(4) The duties imposed by paragraph (2) on designated official agencies and State agencies described in such paragraph and the investment authority provided by paragraph (3) shall expire on September 30, 2000. After that date, the fees established by the Administrator pursuant to paragraph (1) shall not cover administrative and supervisory costs related to the official inspection of grain.”.

32. 1994

    Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(4) · 108 Stat. 3178

    1. Substituted · 7 U.S.C. § 79

       Pub. L. 103–354 substituted “supervision by the Secretary of the Secretary’s field office personnel” for “supervision of Service personnel of its field office personnel” in first sentence of subsec. (j)(2)

    2. Substituted · 7 U.S.C. § 79

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

    Source evidence

    Code amendment note
    Pub. L. 103–354 substituted “supervision by the Secretary of the Secretary’s field office personnel” for “supervision of Service personnel of its field office personnel” in first sentence of subsec. (j)(2) and substituted “Secretary” for “Administrator” and “Service” wherever appearing.

    Enacted provision · exact public law section
    (4) in sections 7(j)(2) and 7A(l)(2) (7 U.S.C. 79(j)(2) and 79a(l)(2)), by striking “supervision by Service personnel of its field office personnel” in the first sentence of both sections and inserting “supervision by the Secretary of the Secretary’s field office personnel”;

33. 2004

    GAO Human Capital Reform Act of 2004

    Pub. L. 108–271 § 8(b) · 118 Stat. 811

    Substituted · 7 U.S.C. § 79(e)(3)

    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

    Enacted provision · exact public law section
    (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

34. 2005

    Pub. L. 109–83 § 1(a) · 119 Stat. 2053

    Substituted · 7 U.S.C. § 79(j)(4)

    Pub. L. 109–83 substituted “2015” for “2005”

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 109–83 substituted “2015” for “2005”.

    Enacted provision · exact public law section
    (a) In General.— Sections 7(j)(4), 7A(l)(3), 7D, 19, and 21(e) of the United States Grains Standards Act (7 U.S.C. 79(j)(4), 79a(l)(3), 79d, 87h, 87j(e)) are amended by striking “2005” each place it appears and inserting “2015”.

    Effective date note
    Pub. L. 109–83, § 1(b), Sept. 30, 2005, 119 Stat. 2053, provided that: “The amendments made by subsection (a) [amending this section and sections 79a, 79d, 87h, and 87j of this title] take effect on September 30, 2005.”

35. 2015

    Agriculture Reauthorizations Act of 2015

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

    1. Inserted · 7 U.S.C. § 79(e)(2)

       Pub. L. 114–54, § 301(b)(1), inserted heading

    2. Amended · 7 U.S.C. § 79(e)(2)

       Pub. L. 114–54, § 301(b)(1), designated existing provisions as subpar. (A)

    3. Inserted · 7 U.S.C. § 79(e)(2)

       Pub. L. 114–54, § 301(b)(1), inserted subpar. heading

    4. Redesignated · 7 U.S.C. § 79(e)(2)

       Pub. L. 114–54, § 301(b)(1), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and former cls. (i) to (iii) of subpar. (B) as subcls. (I) to (III), respectively, of cl. (ii)

    5. Added · 7 U.S.C. § 79(e)(2)

       Pub. L. 114–54, § 301(b)(1), added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 114–54, § 301(b)(1), inserted heading, designated existing provisions as subpar. (A) and inserted subpar. heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and former cls. (i) to (iii) of subpar. (B) as subcls. (I) to (III), respectively, of cl. (ii), and added subpars. (B) and (C).

    Enacted provision · exact public law section
    (1) Delegation of official inspection authority.— Section 7(e)(2) of the United States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended— (A) by striking “(2) If the Secretary” and inserting the following: “(2) Delegation of authority to state agencies.— “(A) In general.— If the Secretary” ; (B) in the first sentence— (i) by striking “and (A)” and inserting “and (i)”; (ii) by striking “or (B)(i)” and inserting “or (ii)(I)”; (iii) by striking “(ii)” and inserting “(II)”; and (iv) by striking “(iii)” and inserting “(III)”; and (C) by adding at the end the following: “(B) Certification.— “(i) In general.— Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A). “(ii) Process.— Not later than 1 year after the date of enactment of the Agriculture Reauthorizations Act of 2015, the Secretary shall establish a process for certification under which the Secretary shall— “(I) publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment; “(II) evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified; “(III) make findings based on the public comments received and investigation conducted; and “(IV) publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision. “(C) State agency requirements.— “(i) In general.— If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date. “(ii) Secretarial consideration.— The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph.” .

36. 2015

    Agriculture Reauthorizations Act of 2015

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

    Added · 7 U.S.C. § 79(f)(1)(C)

    Pub. L. 114–54, § 301(b)(2), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (f)(1)(C). Pub. L. 114–54, § 301(b)(2), added subpar. (C).

    Enacted provision · exact public law section
    (2) Consultation.— Section 7(f)(1) of the United States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended— (A) in subparagraph (A)(xi), by striking “and” at the end; (B) in subparagraph (B), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(C) the Secretary— “(i) periodically conducts a consultation with the customers of the applicant, in a manner that provides opportunity for protection of the identity of the customer if desired by the customer, to review the performance of the applicant with regard to the provision of official inspection services and other requirements of this Act; and “(ii) works with the applicant to address any concerns identified during the consultation process.” .

37. 2015

    Agriculture Reauthorizations Act of 2015

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

    1. Substituted · 7 U.S.C. § 79(f)(2)

       Pub. L. 114–54, § 301(b)(3)(A), in introductory provisions, substituted “the Secretary shall allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if—” for “the Secretary may—”

    2. Added · 7 U.S.C. § 79(f)(2)

       Pub. L. 114–54, § 301(b)(3)(A), in introductory provisions, added subpars. (A) to (C)

    3. Struck · 7 U.S.C. § 79(f)(2)

       Pub. L. 114–54, § 301(b)(3)(A), in introductory provisions, struck out former subpars. (A) and (B) which related to more than one designated official agency carrying out inspections in the same geographic area and a designated official agency crossing boundary lines to carry out inspections in another geographic area

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 114–54, § 301(b)(3)(A), in introductory provisions, substituted “the Secretary shall allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if—” for “the Secretary may—”, added subpars. (A) to (C), and struck out former subpars. (A) and (B) which related to more than one designated official agency carrying out inspections in the same geographic area and a designated official agency crossing boundary lines to carry out inspections in another geographic area.

    Enacted provision · exact public law section
    (A) Official inspection authority.— Section 7(f)(2) of the United States Grain Standards Act (7 U.S.C. 79(f)(2)) is amended by striking “the Secretary may” and all that follows through the end of the paragraph and inserting the following: “the Secretary shall allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if— “(A) the current designated official agency for that geographic area is unable to provide inspection services in a timely manner; “(B) a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot basis; or “(C) the current official agency for that geographic area agrees in writing with the adjacent official agency to waive the current geographic area restriction at the request of the applicant for service.” .

38. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(b)(4) · 129 Stat. 513

    Substituted · 7 U.S.C. § 79(g)(1)

    Pub. L. 114–54, § 301(b)(4), substituted “every 5 years” for “triennially”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 114–54, § 301(b)(4), substituted “every 5 years” for “triennially”.

    Enacted provision · exact public law section
    (4) Duration of designation authority.— Section 7(g)(1) of the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is amended by striking “triennially” and inserting “every 5 years”.

39. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(b)(5)(A) · 129 Stat. 513

    Inserted · 7 U.S.C. § 79(j)

    Pub. L. 114–54, § 301(b)(5)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 114–54, § 301(b)(5)(A), inserted heading.

    Enacted provision · exact public law section
    (A) by striking “(j)(1) The Secretary” and inserting the following: “(j) Fees.— “(1) Inspection fees.— “(A) In general.— The Secretary” ;

40. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(b)(5)(A) · 129 Stat. 513

    1. Inserted · 7 U.S.C. § 79(j)(1)

       Pub. L. 114–54, § 301(b)(5)(A), (B), inserted heading

    2. Amended · 7 U.S.C. § 79(j)(1)

       Pub. L. 114–54, § 301(b)(5)(A), (B), designated first to third sentences as subpars. (A) to (C), respectively

    3. Inserted · 7 U.S.C. § 79(j)(1)

       Pub. L. 114–54, § 301(b)(5)(A), (B), inserted subpar. headings, in subpar. (C)

    4. Substituted · 7 U.S.C. § 79(j)(1)

       Pub. L. 114–54, § 301(b)(5)(A), (B), substituted “Fees described in this paragraph” for “Such fees”

    5. Added · 7 U.S.C. § 79(j)(1)

       Pub. L. 114–54, § 301(b)(5)(A), (B), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 114–54, § 301(b)(5)(A), (B), inserted heading, designated first to third sentences as subpars. (A) to (C), respectively, and inserted subpar. headings, in subpar. (C), substituted “Fees described in this paragraph” for “Such fees”, and added subpar. (D).

    Enacted provision · exact public law section
    (A) by striking “(j)(1) The Secretary” and inserting the following: “(j) Fees.— “(1) Inspection fees.— “(A) In general.— The Secretary” ;

41. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(b)(5)(D) · 129 Stat. 513

    Redesignated · 7 U.S.C. § 79(j)(4)

    Pub. L. 114–54, § 301(b)(5)(D), added par. (4). Former par. (4) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 114–54, § 301(b)(5)(D), added par. (4). Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (D) by inserting after paragraph (3) the following: “(4) Adjustment of fees.— In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.” ; and

42. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(b)(5)(C) · 129 Stat. 513

    1. Redesignated · 7 U.S.C. § 79(j)(5)

       Pub. L. 114–54, § 301(b)(5)(C), (E), redesignated par. (4) as (5)

    2. Substituted · 7 U.S.C. § 79(j)(5)

       Pub. L. 114–54, § 301(b)(5)(C), (E), substituted “2020” for “2015”

    Source evidence

    Code amendment note
    Subsec. (j)(5). Pub. L. 114–54, § 301(b)(5)(C), (E), redesignated par. (4) as (5) and substituted “2020” for “2015”.

    Enacted provision · exact public law section
    (C) by redesignating paragraph (4) as paragraph (5);

43. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 12610(c) · 132 Stat. 4490

    Changed · 7 U.S.C. § 79(f)(1)(C)

    Pub. L. 115–334, § 12610(c), realigned margins

    Source evidence

    Code amendment note
    Subsec. (f)(1)(C). Pub. L. 115–334, § 12610(c), realigned margins.

    Enacted provision · exact public law section
    (c) Technical Correction.— Section 7(f)(1) of the United States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended by indenting subparagraph (C) appropriately.

44. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 12610(a)(1) · 132 Stat. 4490

    1. Inserted · 7 U.S.C. § 79(f)(2)

       Pub. L. 115–334, § 12610(a)(1), inserted subpar. (A) designation and heading before “Not more” and subpar. (B) designation and heading before “the Secretary determines” in introductory provisions

    2. Substituted · 7 U.S.C. § 79(f)(2)

       Pub. L. 115–334, § 12610(a)(1), substituted “Subject to subparagraph (B), not more” for “Not more” in introductory provisions of subpar. (B)

    3. Substituted · 7 U.S.C. § 79(f)(2)

       Pub. L. 115–334, § 12610(a)(1), substituted “Secretary.” for “Secretary, except that, if” in introductory provisions of subpar. (B)

    4. Substituted · 7 U.S.C. § 79(f)(2)

       Pub. L. 115–334, § 12610(a)(1), substituted “Subject to subsection (g)(4)(A), if the Secretary determines” for “the Secretary determines” in introductory provisions of subpar. (B)

    5. Redesignated · 7 U.S.C. § 79(f)(2)

       Pub. L. 115–334, § 12610(a)(1), redesignated former subpars. (A), (B), and (C) as cls. (i), (iii), and (iv), respectively, of subpar. (B)

    6. Added · 7 U.S.C. § 79(f)(2)

       Pub. L. 115–334, § 12610(a)(1), added cl. (ii) of subpar. (B) and subpars. (C) and (D), and realigned margins

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 115–334, § 12610(a)(1), inserted subpar. (A) designation and heading before “Not more” and subpar. (B) designation and heading before “the Secretary determines” in introductory provisions, substituted “Subject to subparagraph (B), not more” for “Not more” and “Secretary.” for “Secretary, except that, if” in subpar. (A) and “Subject to subsection (g)(4)(A), if the Secretary determines” for “the Secretary determines” in introductory provisions of subpar. (B), redesignated former subpars. (A), (B), and (C) as cls. (i), (iii), and (iv), respectively, of subpar. (B), added cl. (ii) of subpar. (B) and subpars. (C) and (D), and realigned margins.

    Enacted provision · exact public law section
    (1) in subsection (f)(2)— (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (iii), and (iv), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking “Not more” and inserting the following: “(A) In general.— Subject to subparagraph (B), not more” ; (C) in subparagraph (A) (as so designated), in the matter preceding clause (i) (as so redesignated), by striking “Secretary, except that, if” and inserting the following: “Secretary. “(B) Exceptions.— Subject to subsection (g)(4)(A), if” ; (D) in subparagraph (B) (as so designated), by inserting after clause (i) the following: “(ii) a person requesting inspection services in that geographic area has not been receiving official inspection services from the current designated official agency for that geographic area;” ; and (E) by adding at the end the following: “(C) Termination of nonuse of service exception.— The exception under subparagraph (B)(ii) may only be terminated if all parties to that exception jointly agree on the termination, unless terminated according to subsection (g)(4)(A). “(D) Restoration of certain exceptions.— “(i) Definition of eligible grain handling facility.— In this subparagraph, the term ‘eligible grain handling facility’ means a grain handling facility that— “(I) was granted an exception under the final rule entitled ‘Exceptions to Geographic Areas for Official Agencies Under the USGSA’ (68 Fed. Reg. 19137 (April 18, 2003)); and “(II) had that exception revoked between September 30, 2015, and the date of enactment of the Agriculture Improvement Act of 2018. “(ii) Restoration of exceptions.— Within 90 days of notification from an eligible grain handling facility, the Secretary shall restore an exception described in clause (i)(I) with an official agency if— “(I) the eligible grain handling facility and the former excepted official agency agree to restore that exception; and “(II) the eligible grain handling facility notifies the Secretary of the preferred date for restoration of the exception within 90 days of enactment of the Agriculture Improvement Act of 2018.” ; and

45. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 12610(a)(2) · 132 Stat. 4490

    Added · 7 U.S.C. § 79(g)(4)

    Pub. L. 115–334, § 12610(a)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 115–334, § 12610(a)(2), added par. (4).

    Enacted provision · exact public law section
    (2) in subsection (g), by adding at the end the following: “(4) Effect on exceptions.— “(A) In general.— The exceptions under clauses (ii) and (iv) of subsection (f)(2)(B) shall not apply if the designation of an official agency is terminated, pursuant to paragraph (1). “(B) Designation renewed or restored.— If the designation of an official agency is renewed or restored after being terminated under paragraph (1), the Secretary may renew or restore the exceptions under subsection (f)(2)(B) in accordance with that subsection.” .

46. 2020

    United States Grain Standards Reauthorization Act of 2020

    Pub. L. 116–216 § 2(1) · 134 Stat. 1048

    Inserted · 7 U.S.C. § 79(e)(2)(C)(i)

    Pub. L. 116–216, § 2(1), inserted “and affected customers or applicants for service of official inspection or weighing services provided by the State agency” after “notify the Secretary”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(C)(i). Pub. L. 116–216, § 2(1), inserted “and affected customers or applicants for service of official inspection or weighing services provided by the State agency” after “notify the Secretary”.

    Enacted provision · exact public law section
    (1) in subsection (e)(2)(C)(i), by inserting “and affected customers or applicants for service of official inspection or weighing services provided by the State agency” after “notify the Secretary”; and

47. 2020

    United States Grain Standards Reauthorization Act of 2020

    Pub. L. 116–216 § 2(2) · 134 Stat. 1048

    Substituted · 7 U.S.C. § 79(j)(5)

    Pub. L. 116–216, § 2(2), substituted “2025” for “2020”

    Source evidence

    Code amendment note
    Subsec. (j)(5). Pub. L. 116–216, § 2(2), substituted “2025” for “2020”.

    Enacted provision · exact public law section
    (2) in subsection (j)(5), in the first sentence, by striking “2020” and inserting “2025”.

75 of 77 references resolved to an enrolled provision · 2 partial