§ 86. Refusal of inspection and weighing services; civil penalties

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. § 86

   Aug. 11, 1916, ch. 313, pt. B, § 10, 39 Stat. 485

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 10, 39 Stat. 485

2. 1968

   Pub. L. 90–487 § 1 · 82 Stat. 761

   Substituted · 7 U.S.C. § 86

   Pub. L. 90–487 substituted provisions authorizing the Secretary to refuse official inspection and affording an opportunity for a hearing in such a case, for provisions setting the penalty for interference with the execution of official duties

   Source evidence

   Code amendment note
   Pub. L. 90–487 substituted provisions authorizing the Secretary to refuse official inspection and affording an opportunity for a hearing in such a case, for provisions setting the penalty for interference with the execution of official duties.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 12 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 86(a)

      Pub. L. 94–582 substituted “Administrator” for “Secretary” authorized refusal of provision of services relating to weighing

   2. Substituted · 7 U.S.C. § 86(a)

      Pub. L. 94–582 substituted “grain offered for such services” for “grain offered for inspection” authorized refusal of provision of services relating to weighing

   3. Substituted · 7 U.S.C. § 86(a)

      Pub. L. 94–582 substituted “has knowingly committed any violation of section 87b of this title or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused” for “has been convicted of any violation of section 87b of this title, or that official inspection has been refused” authorized refusal of provision of services relating to weighing

   4. Substituted · 7 U.S.C. § 86(a)

      Pub. L. 94–582 substituted “integrity of the service” for “integrity of the official inspection service” authorized refusal of provision of services relating to weighing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582 substituted “Administrator” for “Secretary”, “grain offered for such services” for “grain offered for inspection”, “has knowingly committed any violation of section 87b of this title or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused” for “has been convicted of any violation of section 87b of this title, or that official inspection has been refused”, and “integrity of the service” for “integrity of the official inspection service”, and authorized refusal of provision of services relating to weighing.

   Enacted provision · exact public law section
   Sec. 12. refusal of inspection and weighing services and civil penalties Section 10 of the United States Grain Standards Act, as amended (7 U.S.C. 86), is amended as follows: (a) The title is changed to read “REFUSAL OF INSPECTION AND WEIGHING SERVICES AND CIVIL PENALTIES”. (b) Subsection (a) is amended to read as follows: “(a) The Administrator may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide official inspection or the services related to weighing otherwise available under this Act with respect to any grain offered for such services, or owned, wholly or in part, by any person if he determines (1) that the individual (or in case such person is a partnership, any0 general partner; or in ease such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the business) has knowingly committed any violation of section Post, p. 2883. 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused for tiny of the above-specified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing such service with respect to such grain would be inimical to the integrity of the service.”. (c) Subsection (e) is amended and new subsections (d) and (e) are added, to read, respectively, as follows: “(c) In addition to, or in lieu of, penalties provided under section 14 of this Act, or in addition to, or in lieu of, refusal of official inspection or services related to weighing in accordance with this section, the Administrator may assess against any person who has knowingly committed any violation of section 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain a civil penalty not to exceed $75,000 for each such violation as the Administrator determines is appropriate to effectuate the objectives stated in section 2 of this Act. “(d) Before official inspection or services related to weighing is refused to any person or a civil penalty is assessed against any person under this section, such person shall be afforded opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5 of the United States Code: Provided, That the Administrator may, without first affording the person a hearing, refuse official inspection or services related to weighing temporarily pending final determination whenever the Administrator has reason to believe there is cause for refusal of inspection or services related to weighing and considers such action to be in the best interest of the official inspection system under this Act. The Administrator shall afford such person an opportunity for a hearing within seven days after temporarily refusing official inspection or services related to weighing; and such hearing and ancillary procedures related thereto shall be conducted in an expedited manner. “(e) Moneys received in payment of such civil penalties shall be deposited in the general fund of the United States Treasury. Upon any failure to pay the penalties assessed under this section, the Administrator may request the Attorney General of the United States to institute a civil action to collect the penalties in the appropriate court 7 USC 87f. identified in subsection (h) of section 17 of this Act for the jurisdiction in which the respondent is found or resides or transacts business, and such court shall have jurisdiction to hear and decide any such action.”.

   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. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 12 · 90 Stat. 2867

   Redesignated · 7 U.S.C. § 86(c)

   Pub. L. 94–582 added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–582 added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   Sec. 12. refusal of inspection and weighing services and civil penalties Section 10 of the United States Grain Standards Act, as amended (7 U.S.C. 86), is amended as follows: (a) The title is changed to read “REFUSAL OF INSPECTION AND WEIGHING SERVICES AND CIVIL PENALTIES”. (b) Subsection (a) is amended to read as follows: “(a) The Administrator may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide official inspection or the services related to weighing otherwise available under this Act with respect to any grain offered for such services, or owned, wholly or in part, by any person if he determines (1) that the individual (or in case such person is a partnership, any0 general partner; or in ease such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the business) has knowingly committed any violation of section Post, p. 2883. 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused for tiny of the above-specified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing such service with respect to such grain would be inimical to the integrity of the service.”. (c) Subsection (e) is amended and new subsections (d) and (e) are added, to read, respectively, as follows: “(c) In addition to, or in lieu of, penalties provided under section 14 of this Act, or in addition to, or in lieu of, refusal of official inspection or services related to weighing in accordance with this section, the Administrator may assess against any person who has knowingly committed any violation of section 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain a civil penalty not to exceed $75,000 for each such violation as the Administrator determines is appropriate to effectuate the objectives stated in section 2 of this Act. “(d) Before official inspection or services related to weighing is refused to any person or a civil penalty is assessed against any person under this section, such person shall be afforded opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5 of the United States Code: Provided, That the Administrator may, without first affording the person a hearing, refuse official inspection or services related to weighing temporarily pending final determination whenever the Administrator has reason to believe there is cause for refusal of inspection or services related to weighing and considers such action to be in the best interest of the official inspection system under this Act. The Administrator shall afford such person an opportunity for a hearing within seven days after temporarily refusing official inspection or services related to weighing; and such hearing and ancillary procedures related thereto shall be conducted in an expedited manner. “(e) Moneys received in payment of such civil penalties shall be deposited in the general fund of the United States Treasury. Upon any failure to pay the penalties assessed under this section, the Administrator may request the Attorney General of the United States to institute a civil action to collect the penalties in the appropriate court 7 USC 87f. identified in subsection (h) of section 17 of this Act for the jurisdiction in which the respondent is found or resides or transacts business, and such court shall have jurisdiction to hear and decide any such action.”.

   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.

5. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 12 · 90 Stat. 2867

   1. Redesignated · 7 U.S.C. § 86(d)

      Pub. L. 94–582 redesignated provisions of former subsec. (c) as (d)

   2. Inserted · 7 U.S.C. § 86(d)

      Pub. L. 94–582 inserted “or services related to weighing” before “is refused”

   3. Inserted · 7 U.S.C. § 86(d)

      Pub. L. 94–582 inserted “or a civil penalty is assessed against any person under this section” after “to any person”, provided for the hearing under sections 554, 556, and 557 of title 5

   4. Inserted · 7 U.S.C. § 86(d)

      Pub. L. 94–582 inserted provisions relating to temporary refusal without hearing pending final determination

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–582 redesignated provisions of former subsec. (c) as (d), inserted “or services related to weighing” before “is refused”, inserted “or a civil penalty is assessed against any person under this section” after “to any person”, provided for the hearing under sections 554, 556, and 557 of title 5, and inserted provisions relating to temporary refusal without hearing pending final determination.

   Enacted provision · exact public law section
   Sec. 12. refusal of inspection and weighing services and civil penalties Section 10 of the United States Grain Standards Act, as amended (7 U.S.C. 86), is amended as follows: (a) The title is changed to read “REFUSAL OF INSPECTION AND WEIGHING SERVICES AND CIVIL PENALTIES”. (b) Subsection (a) is amended to read as follows: “(a) The Administrator may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide official inspection or the services related to weighing otherwise available under this Act with respect to any grain offered for such services, or owned, wholly or in part, by any person if he determines (1) that the individual (or in case such person is a partnership, any0 general partner; or in ease such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the business) has knowingly committed any violation of section Post, p. 2883. 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused for tiny of the above-specified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing such service with respect to such grain would be inimical to the integrity of the service.”. (c) Subsection (e) is amended and new subsections (d) and (e) are added, to read, respectively, as follows: “(c) In addition to, or in lieu of, penalties provided under section 14 of this Act, or in addition to, or in lieu of, refusal of official inspection or services related to weighing in accordance with this section, the Administrator may assess against any person who has knowingly committed any violation of section 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain a civil penalty not to exceed $75,000 for each such violation as the Administrator determines is appropriate to effectuate the objectives stated in section 2 of this Act. “(d) Before official inspection or services related to weighing is refused to any person or a civil penalty is assessed against any person under this section, such person shall be afforded opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5 of the United States Code: Provided, That the Administrator may, without first affording the person a hearing, refuse official inspection or services related to weighing temporarily pending final determination whenever the Administrator has reason to believe there is cause for refusal of inspection or services related to weighing and considers such action to be in the best interest of the official inspection system under this Act. The Administrator shall afford such person an opportunity for a hearing within seven days after temporarily refusing official inspection or services related to weighing; and such hearing and ancillary procedures related thereto shall be conducted in an expedited manner. “(e) Moneys received in payment of such civil penalties shall be deposited in the general fund of the United States Treasury. Upon any failure to pay the penalties assessed under this section, the Administrator may request the Attorney General of the United States to institute a civil action to collect the penalties in the appropriate court 7 USC 87f. identified in subsection (h) of section 17 of this Act for the jurisdiction in which the respondent is found or resides or transacts business, and such court shall have jurisdiction to hear and decide any such action.”.

   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.

6. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 12 · 90 Stat. 2867

   Added · 7 U.S.C. § 86(e)

   Pub. L. 94–582 added subsec. (e)

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 12. refusal of inspection and weighing services and civil penalties Section 10 of the United States Grain Standards Act, as amended (7 U.S.C. 86), is amended as follows: (a) The title is changed to read “REFUSAL OF INSPECTION AND WEIGHING SERVICES AND CIVIL PENALTIES”. (b) Subsection (a) is amended to read as follows: “(a) The Administrator may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide official inspection or the services related to weighing otherwise available under this Act with respect to any grain offered for such services, or owned, wholly or in part, by any person if he determines (1) that the individual (or in case such person is a partnership, any0 general partner; or in ease such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the business) has knowingly committed any violation of section Post, p. 2883. 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused for tiny of the above-specified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing such service with respect to such grain would be inimical to the integrity of the service.”. (c) Subsection (e) is amended and new subsections (d) and (e) are added, to read, respectively, as follows: “(c) In addition to, or in lieu of, penalties provided under section 14 of this Act, or in addition to, or in lieu of, refusal of official inspection or services related to weighing in accordance with this section, the Administrator may assess against any person who has knowingly committed any violation of section 13 of this Act or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain a civil penalty not to exceed $75,000 for each such violation as the Administrator determines is appropriate to effectuate the objectives stated in section 2 of this Act. “(d) Before official inspection or services related to weighing is refused to any person or a civil penalty is assessed against any person under this section, such person shall be afforded opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5 of the United States Code: Provided, That the Administrator may, without first affording the person a hearing, refuse official inspection or services related to weighing temporarily pending final determination whenever the Administrator has reason to believe there is cause for refusal of inspection or services related to weighing and considers such action to be in the best interest of the official inspection system under this Act. The Administrator shall afford such person an opportunity for a hearing within seven days after temporarily refusing official inspection or services related to weighing; and such hearing and ancillary procedures related thereto shall be conducted in an expedited manner. “(e) Moneys received in payment of such civil penalties shall be deposited in the general fund of the United States Treasury. Upon any failure to pay the penalties assessed under this section, the Administrator may request the Attorney General of the United States to institute a civil action to collect the penalties in the appropriate court 7 USC 87f. identified in subsection (h) of section 17 of this Act for the jurisdiction in which the respondent is found or resides or transacts business, and such court shall have jurisdiction to hear and decide any such action.”.

   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.

7. 1993

   United States Grain Standards Act Amendments of 1993

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

   Amended · 7 U.S.C. § 86

   Pub. L. 103–156, § 12(i), which directed amendment of “Section 10”, without specifying the name of the Act being amended, was executed to this section, which is section 10 of the United States Grain Standards Act, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 103–156, § 12(i), which directed amendment of “Section 10”, without specifying the name of the Act being amended, was executed to this section, which is section 10 of the United States Grain Standards Act, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (i) Section 10 (7 U.S.C. 86) is amended— (1) in subsection (a), by striking “he” each place it appears and inserting “the Administrator”; and (2) in subsection (b), by striking “he” and inserting “the person”.

8. 1993

   United States Grain Standards Act Amendments of 1993

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

   Substituted · 7 U.S.C. § 86(a)

   Pub. L. 103–156, § 12(i)(1), substituted “the Administrator” for “he” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–156, § 12(i)(1), substituted “the Administrator” for “he” in two places.

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

9. 1993

   United States Grain Standards Act Amendments of 1993

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

   Substituted · 7 U.S.C. § 86(b)

   Pub. L. 103–156, § 12(i)(2), substituted “the person” for “he”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–156, § 12(i)(2), substituted “the person” for “he”.

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

10. 1994

    Department of Agriculture Reorganization Act of 1994

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

    Substituted · 7 U.S.C. § 86(a)(c)(e)

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

    Source evidence

    Code amendment note
    Subsecs. (a), (c) to (e). 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

14 of 16 references resolved to an enrolled provision · 2 partial