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Title 7 — Agriculture

Chapter 3 — Grain Standards

§ 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension

Statutory text

The Secretary may refuse to renew, or may suspend or revoke, any license issued under this chapter whenever, after the licensee has been afforded an opportunity for a hearing, the Secretary shall determine that such licensee is incompetent, or has inspected or weighed or supervised the weighing of grain for purposes of this chapter, by any standard or criteria other than as provided for in this chapter, or has issued, or caused the issuance of, any false or incorrect official certificate or other official form, or has knowingly or carelessly inspected or weighed or supervised the weighing of grain improperly under this chapter, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used the license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this chapter or of the regulations prescribed or instructions issued to the licensee by the Secretary under this chapter. The Secretary may, without first affording the licensee an opportunity for a hearing, suspend any license temporarily pending final determination whenever the Secretary deems such action to be in the best interests of the official inspection system under this chapter. The Secretary may summarily revoke any license whenever the licensee has been convicted of any offense prohibited by section 87b of this title or convicted of any offense proscribed by title 18, with respect to performance of functions under this chapter.

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. Pub. L. 64–313 · 39 Stat. 446

    Enacted · 7 U.S.C. § 85

    Aug. 11, 1916, ch. 313, pt. B, § 9, 39 Stat. 485

    Source evidence

    Code source credit
    Aug. 11, 1916, ch. 313, pt. B, § 9, 39 Stat. 485

  2. Pub. L. 90–487 § 1 · 82 Stat. 761

    Substituted · 7 U.S.C. § 85

    Pub. L. 90–487 substituted provisions authorizing the suspension, revocation, and refusal of renewal of licenses by the Secretary, for provisions setting out the penalties for violations of this chapter

    Source evidence

    Code amendment note
    Pub. L. 90–487 substituted provisions authorizing the suspension, revocation, and refusal of renewal of licenses by the Secretary, for provisions setting out the penalties for violations of this chapter.

  3. United States Grain Standards Act of 1976

    Pub. L. 94–582 § 11 · 90 Stat. 2867

    1. Substituted · 7 U.S.C. § 85

      Pub. L. 94–582 substituted “Administrator” for “Secretary” in two places and authorized summary revocation of licenses based on conviction of prescribed offenses

    2. Substituted · 7 U.S.C. § 85

      Pub. L. 94–582 substituted “inspected or weighed or supervised the weighing of” for “inspected” in two places and authorized summary revocation of licenses based on conviction of prescribed offenses

    Source evidence

    Code amendment note
    Pub. L. 94–582 substituted “Administrator” for “Secretary” wherever appearing and “inspected or weighed or supervised the weighing of” for “inspected” in two places and authorized summary revocation of licenses based on conviction of prescribed offenses.

    Enacted provision · exact public law section
    Sec. 11. refusal of renewal, or suspension or revocation of licenses Section 9 of the United States Grain Standards Act, as amended (7 U.S.C. 85), is amended as follows: (a) by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”; (b) by inserting after the word “inspected” wherever it appears the words “or weighed or supervised the weighing of”; and (c) by adding at the end thereof a new sentence as follows: “The Administrator may summarily revoke any license whenever the licensee has been convicted of any offense prohibited by section 13 of this Act or convicted of any offense proscribed by Post, p. 2883. 18 USC 1 et seq. title 18 of the United States Code, with respect to performance of functions under this Act.”.

    Effective date note
    Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

  4. United States Grain Standards Act Amendments of 1993

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

    1. Substituted · 7 U.S.C. § 85

      Pub. L. 103–156, which directed amendment of “Section 9” by substituting “or has used the license” for “or has used his license” without specifying the name of the Act being amended, was executed to this section, which is section 9 of the United States Grain Standards Act, to reflect the probable intent of Congress

    2. Substituted · 7 U.S.C. § 85

      Pub. L. 103–156, which directed amendment of “Section 9” by substituting “instructions issued to the licensee” for “instructions issued to him” without specifying the name of the Act being amended, was executed to this section, which is section 9 of the United States Grain Standards Act, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Pub. L. 103–156, which directed amendment of “Section 9” by substituting “or has used the license” for “or has used his license” and “instructions issued to the licensee” for “instructions issued to him”, without specifying the name of the Act being amended, was executed to this section, which is section 9 of the United States Grain Standards Act, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (h) Section 9 (7 U.S.C. 85) is amended— (1) by striking “him” and inserting “the licensee”; and (2) by striking “his license” and inserting “the license”.

  5. Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(7) · 108 Stat. 3178

    Substituted · 7 U.S.C. § 85

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

    Source evidence

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

    Enacted provision · exact public law section
    (7) except as otherwise provided in this subsection, by striking “Administrator” each place it appears and inserting “Secretary”; and

5 of 7 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1956–1994 · 5 rounds

1994

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

1993

Pub. L. 103–156, which directed amendment of “Section 9” by substituting “or has used the license” for “or has used his license” and “instructions issued to the licensee” for “instructions issued to him”, without specifying the name of the Act being amended, was executed to this section, which is section 9 of the United States Grain Standards Act, to reflect the probable intent of Congress.

1976

Pub. L. 94–582 substituted “Administrator” for “Secretary” wherever appearing and “inspected or weighed or supervised the weighing of” for “inspected” in two places and authorized summary revocation of licenses based on conviction of prescribed offenses.

1968

Pub. L. 90–487 substituted provisions authorizing the suspension, revocation, and refusal of renewal of licenses by the Secretary, for provisions setting out the penalties for violations of this chapter.

1956

Act , provided penalties for persons who knowingly sample grain improperly and for persons who knowingly or willfully cause or attempt to cause the issuance of a false grade certificate by deceptive loading, handling, or sampling of grain, or any other means.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–582 effective 30 days after , see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.

Effective Date of 1968 Amendment

For effective date of amendment by Pub. L. 90–487, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title.

Credits

1916–1994 · 6 acts
  1. 1916Aug. 11, 1916, ch. 313, pt. B, § 9, 39 Stat. 485
  2. 1956Aug. 1, 1956, ch. 812, 70 Stat. 780
  3. 1968Pub. L. 90–487, § 1, , 82 Stat. 765
  4. 1976Pub. L. 94–582, § 11, , 90 Stat. 2879
  5. 1993Pub. L. 103–156, § 12(h), , 107 Stat. 1528
  6. 1994Pub. L. 103–354, title II, § 293(a)(7), , 108 Stat. 3237.
Show as published

(Aug. 11, 1916, ch. 313, pt. B, § 9, 39 Stat. 485; Aug. 1, 1956, ch. 812, 70 Stat. 780; Pub. L. 90–487, § 1, , 82 Stat. 765; Pub. L. 94–582, § 11, , 90 Stat. 2879; Pub. L. 103–156, § 12(h), , 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(7), , 108 Stat. 3237.)

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