§ 87a. Records

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. 90–487 § 1 · 82 Stat. 761

   Enacted · 7 U.S.C. § 87a

   Aug. 11, 1916, ch. 313, pt. B, § 12, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 12, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766

2. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 14 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 87a(a)

      Pub. L. 94–582 substituted “official agency” for “official inspection agency”

   2. Substituted · 7 U.S.C. § 87a(a)

      Pub. L. 94–582 substituted “Administrator” for “Secretary”

   3. Inserted · 7 U.S.C. § 87a(a)

      Pub. L. 94–582 inserted reference to licensed performance of official weighing or supervision of weighing function

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582 substituted “official agency” for “official inspection agency” and “Administrator” for “Secretary” and inserted reference to licensed performance of official weighing or supervision of weighing function.

   Enacted provision · exact public law section
   Sec. 14. records Section 12 of the United States Grain Standards Act, as amended (7 U.S.C, 87a), is amended by amending subsections (a), (b), and (c) and adding a new subsection (d) to read, respectively, as follows: “(a) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act shall maintain such samples of officially inspected grain and such other records as the Administrator may by regulation prescribe for the purpose of administration and enforcement of this Act. “(b) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act required to maintain records under this section shall keep such records for a period of five years after the inspection, weighing, or transaction, which is the subject of the record, occurred : Provided, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Administrator, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Administrator to be maintained for not more than three years in addition to the five-year period whenever in his judgment the retention of such records for the longer period is necessary for the effective administration and enforcement, of this Act. “(c) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing .function under this Act required to maintain records under this section shall permit any authorized representative of the Secretary or Administrator or the Comptroller General of the United States Audits. to have access to, and to copy, such records at all reasonable times. The Administrator shall, from time to time, perform audits of official agencies and State agencies delegate, authority of this Act in such manner and at such periodic intervals as he deems appropriate. “(d) Every State, political subdivision thereof, or person who is the owner or operator of a commercial grain elevator, warehouse, or other storage or handling facility or is engaged in the merchandising of grain other than as a producer, and who, at any time, has obtained or obtains official inspection or weighing services shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, handling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain, and permit any authorized representative of the Secretary or the Administrator, at all reasonable times, to have access to, and to copy, such records and to have access to any grain elevator, warehouse, or other storage or handling facility used by such persons for handling of grain.”.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 14 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 87a(b)

      Pub. L. 94–582 substituted “Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this chapter” for “Every official inspection agency” in two places, increased from two to five years the period of time for keeping the records

   2. Substituted · 7 U.S.C. § 87a(b)

      Pub. L. 94–582 substituted “Administrator” for “Secretary” in two places, increased from two to five years the period of time for keeping the records

   3. Inserted · 7 U.S.C. § 87a(b)

      Pub. L. 94–582 inserted provision for keeping the records after the weighing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–582 substituted “Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this chapter” for “Every official inspection agency” and “Administrator” for “Secretary” in two places, increased from two to five years the period of time for keeping the records, and inserted provision for keeping the records after the weighing.

   Enacted provision · exact public law section
   Sec. 14. records Section 12 of the United States Grain Standards Act, as amended (7 U.S.C, 87a), is amended by amending subsections (a), (b), and (c) and adding a new subsection (d) to read, respectively, as follows: “(a) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act shall maintain such samples of officially inspected grain and such other records as the Administrator may by regulation prescribe for the purpose of administration and enforcement of this Act. “(b) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act required to maintain records under this section shall keep such records for a period of five years after the inspection, weighing, or transaction, which is the subject of the record, occurred : Provided, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Administrator, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Administrator to be maintained for not more than three years in addition to the five-year period whenever in his judgment the retention of such records for the longer period is necessary for the effective administration and enforcement, of this Act. “(c) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing .function under this Act required to maintain records under this section shall permit any authorized representative of the Secretary or Administrator or the Comptroller General of the United States Audits. to have access to, and to copy, such records at all reasonable times. The Administrator shall, from time to time, perform audits of official agencies and State agencies delegate, authority of this Act in such manner and at such periodic intervals as he deems appropriate. “(d) Every State, political subdivision thereof, or person who is the owner or operator of a commercial grain elevator, warehouse, or other storage or handling facility or is engaged in the merchandising of grain other than as a producer, and who, at any time, has obtained or obtains official inspection or weighing services shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, handling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain, and permit any authorized representative of the Secretary or the Administrator, at all reasonable times, to have access to, and to copy, such records and to have access to any grain elevator, warehouse, or other storage or handling facility used by such persons for handling of grain.”.

4. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 14 · 90 Stat. 2867

   Substituted · 7 U.S.C. § 87a(c)

   Pub. L. 94–582 substituted “Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this chapter” for “Every official inspection agency”, provided for access to and the copying of records by any authorized representative of the Administrator or the Comptroller General, and required Administrator audits of official agencies and State agencies delegate authority

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–582 substituted “Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this chapter” for “Every official inspection agency”, provided for access to and the copying of records by any authorized representative of the Administrator or the Comptroller General, and required Administrator audits of official agencies and State agencies delegate authority.

   Enacted provision · exact public law section
   Sec. 14. records Section 12 of the United States Grain Standards Act, as amended (7 U.S.C, 87a), is amended by amending subsections (a), (b), and (c) and adding a new subsection (d) to read, respectively, as follows: “(a) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act shall maintain such samples of officially inspected grain and such other records as the Administrator may by regulation prescribe for the purpose of administration and enforcement of this Act. “(b) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act required to maintain records under this section shall keep such records for a period of five years after the inspection, weighing, or transaction, which is the subject of the record, occurred : Provided, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Administrator, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Administrator to be maintained for not more than three years in addition to the five-year period whenever in his judgment the retention of such records for the longer period is necessary for the effective administration and enforcement, of this Act. “(c) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing .function under this Act required to maintain records under this section shall permit any authorized representative of the Secretary or Administrator or the Comptroller General of the United States Audits. to have access to, and to copy, such records at all reasonable times. The Administrator shall, from time to time, perform audits of official agencies and State agencies delegate, authority of this Act in such manner and at such periodic intervals as he deems appropriate. “(d) Every State, political subdivision thereof, or person who is the owner or operator of a commercial grain elevator, warehouse, or other storage or handling facility or is engaged in the merchandising of grain other than as a producer, and who, at any time, has obtained or obtains official inspection or weighing services shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, handling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain, and permit any authorized representative of the Secretary or the Administrator, at all reasonable times, to have access to, and to copy, such records and to have access to any grain elevator, warehouse, or other storage or handling facility used by such persons for handling of grain.”.

5. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 14 · 90 Stat. 2867

   Added · 7 U.S.C. § 87a(d)

   Pub. L. 94–582 added subsec. (d)

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 14. records Section 12 of the United States Grain Standards Act, as amended (7 U.S.C, 87a), is amended by amending subsections (a), (b), and (c) and adding a new subsection (d) to read, respectively, as follows: “(a) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act shall maintain such samples of officially inspected grain and such other records as the Administrator may by regulation prescribe for the purpose of administration and enforcement of this Act. “(b) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act required to maintain records under this section shall keep such records for a period of five years after the inspection, weighing, or transaction, which is the subject of the record, occurred : Provided, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Administrator, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Administrator to be maintained for not more than three years in addition to the five-year period whenever in his judgment the retention of such records for the longer period is necessary for the effective administration and enforcement, of this Act. “(c) Every official agency and every person licensed to perform any official inspection or official weighing or supervision of weighing .function under this Act required to maintain records under this section shall permit any authorized representative of the Secretary or Administrator or the Comptroller General of the United States Audits. to have access to, and to copy, such records at all reasonable times. The Administrator shall, from time to time, perform audits of official agencies and State agencies delegate, authority of this Act in such manner and at such periodic intervals as he deems appropriate. “(d) Every State, political subdivision thereof, or person who is the owner or operator of a commercial grain elevator, warehouse, or other storage or handling facility or is engaged in the merchandising of grain other than as a producer, and who, at any time, has obtained or obtains official inspection or weighing services shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, handling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain, and permit any authorized representative of the Secretary or the Administrator, at all reasonable times, to have access to, and to copy, such records and to have access to any grain elevator, warehouse, or other storage or handling facility used by such persons for handling of grain.”.

6. 1977

   Food and Agriculture Act of 1977

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

   Inserted · 7 U.S.C. § 87a(a); 7 U.S.C. § 87a(b)

   Pub. L. 95–113, § 1604(i)(1), inserted “, every State agency delegated authority under this chapter,” after “official agency”

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 95–113, § 1604(i)(1), inserted “, every State agency delegated authority under this chapter,” after “official agency”.

   Enacted provision · exact public law section
   (1) inserting “, every State agency delegated authority under this Act,” immediately after “official agency” wherever this phrase appears in subsections (a), (b), and (c); and

   Effective date note
   Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

7. 1977

   Food and Agriculture Act of 1977

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

   Inserted · 7 U.S.C. § 87a(c)

   Pub. L. 95–113, § 1604(i)(1), (2), inserted “, every State delegated authority under this chapter,” after “official agency” and corrected a typographical error in Pub. L. 94–582 under which “delegate authority of this chapter” had been erroneously used instead of “delegated authority under this chapter”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–113, § 1604(i)(1), (2), inserted “, every State delegated authority under this chapter,” after “official agency” and corrected a typographical error in Pub. L. 94–582 under which “delegate authority of this chapter” had been erroneously used instead of “delegated authority under this chapter”.

   Enacted provision · exact public law section
   (1) inserting “, every State agency delegated authority under this Act,” immediately after “official agency” wherever this phrase appears in subsections (a), (b), and (c); and

   Effective date note
   Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

8. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1601 · 91 Stat. 913

   Substituted · 7 U.S.C. § 87a(d)

   Pub. L. 95–113, § 1601, substituted “shall maintain such complete and accurate records for such period of time as the Administrator may, by regulation, prescribe for the purpose of the administration and enforcement of this chapter” for “shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, handling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain,”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–113, § 1601, substituted “shall maintain such complete and accurate records for such period of time as the Administrator may, by regulation, prescribe for the purpose of the administration and enforcement of this chapter” for “shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, handling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain,”.

   Enacted provision · exact public law section
   Sec. 1601. records Section 12(d) of the United States Grain Standards Act (90 Stat. 2882; 7 U.S.C. 87a(d)) is amended by striking out “shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, han-dling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain,” and inserting in lieu thereof the following: “shall maintain such complete and accurate records for such period of time as the Administrator may, by regulation, prescribe for the purpose of the administration and enforcement of this Act,”.

   Effective date note
   Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

9. 1993

   United States Grain Standards Act Amendments of 1993

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

   Amended · 7 U.S.C. § 87a

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

   Source evidence

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

   Enacted provision · exact public law section
   (k) Section 12 (7 U.S.C. 87a) is amended— (1) in subsection (b), by striking “his judgment” and inserting “the judgment of the Administrator”; and (2) in subsection (c), by striking “he” and inserting “the Administrator”.

10. 1993

    United States Grain Standards Act Amendments of 1993

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

    Substituted · 7 U.S.C. § 87a(b)

    Pub. L. 103–156, § 12(k)(1), substituted “the judgment of the Administrator” for “his judgment”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–156, § 12(k)(1), substituted “the judgment of the Administrator” for “his judgment”.

    Enacted provision · exact public law section
    (1) in subsection (b), by striking “his judgment” and inserting “the judgment of the Administrator”; and

11. 1993

    United States Grain Standards Act Amendments of 1993

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

    Substituted · 7 U.S.C. § 87a(c)

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

    Source evidence

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

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

12. 1994

    Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(5) · 108 Stat. 3178

    1. Struck · 7 U.S.C. § 87a

       Pub. L. 103–354 struck out “or Administrator” after “representative of the Secretary” in subsec. (c)

    2. Struck · 7 U.S.C. § 87a

       Pub. L. 103–354 struck out “or the Administrator” after “representative of the Secretary” in subsec. (d)

    3. Substituted · 7 U.S.C. § 87a

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

    Source evidence

    Code amendment note
    Pub. L. 103–354 struck out “or Administrator” after “representative of the Secretary” in subsec. (c), struck out “or the Administrator” after “representative of the Secretary” in subsec. (d), and substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (5) in section 12(c) (7 U.S.C. 87a(c)), by striking “or Administrator”;

17 of 18 references resolved to an enrolled provision · 1 partial