Title 7 — Agriculture
Chapter 3 — Grain Standards
§ 87b. Prohibited acts
Statutory text
No person shall—
knowingly falsely make, issue, alter, forge, or counterfeit any official certificate or other official form or official mark;
knowingly utter, publish, or use as true any falsely made, issued, altered, forged, or counterfeited official certificate or other official form or official mark, or knowingly possess, without promptly notifying the Secretary or the representative of the Secretary, or fail to surrender to such a representative upon demand, any falsely made, issued, altered, forged, or counterfeited official certificate or other official form, or any device for making any official mark or simulation thereof, or knowingly possess any grain in a container bearing any falsely made, issued, altered, forged, or counterfeited official mark without promptly giving such notice;
knowingly cause or attempt (whether successfully or not) to cause the issuance of a false or incorrect official certificate or other official form by any means, including but not limited to deceptive loading, handling, weighing, or sampling of grain, or submitting grain for official inspection or official weighing or supervision of weighing knowing that it has been deceptively loaded, handled, weighed, or sampled, without disclosing such knowledge to the official inspection personnel before official sampling or official weighing or supervision of weighing;
alter any official sample of grain in any manner or, knowing that an official sample has been altered, thereafter represent it as an official sample;
knowingly use any official grade designation or official mark on any container of grain by means of a tag, label, or otherwise, unless the grain in such container was officially inspected on the basis of an official sample taken while the grain was being loaded into or was in such container or officially weighed, respectively, and the grain was found to qualify for such designation or mark;
knowingly make any false representation that any grain has been officially inspected, or officially inspected and found to be of a particular kind, class, quality, or condition, or that particular facts have been established with respect to grain by official inspection under this chapter, or that any weighing service under this chapter has been performed with respect to grain;
improperly influence, or attempt to improperly influence, any official inspection personnel or personnel of agencies delegated authority or of agencies or other persons designated under this chapter or any officer or employee of the Department of Agriculture with respect to the performance of the duties of the officer, employee, or other person under this chapter;
forcibly assault, resist, oppose, impede, intimidate, or interfere with any official inspection personnel or personnel of agencies delegated authority or of agencies or other persons designated under this chapter or any officer or employee of the Department of Agriculture in, or on account of, the performance of the duties of the officer, employee, or other person under this chapter;
falsely represent that the person is licensed or authorized to perform an official inspection or official weighing or supervision of weighing function under this chapter;
use any false or misleading means in connection with the making or filing of an application for official inspection or official weighing or supervision of weighing;
violate section 77, 78, 79, 79a, 79b, 84, 87, 87a, 87e, or 87f–1 of this title;
knowingly engage in falsely stating or falsifying the weight of any grain shipped in interstate or foreign commerce by any means, including, but not limited to, the use of inaccurate, faulty, or defective weighing equipment; or
knowingly prevent or impede any buyer or seller of grain or other person having a financial interest in grain, or the authorized agent of any such person, from observing the loading of the grain inspected under this chapter and the weighing, sampling, and inspection of such grain under conditions prescribed by the Secretary.
No person licensed or authorized to perform any function under this chapter shall—
commit any offense prohibited by subsection (a);
knowingly perform improperly any official sampling or other official inspection or weighing function under this chapter;
knowingly execute or issue any false or incorrect official certificate or other official form; or
accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty.
An offense shall be deemed to have been committed knowingly under this chapter if it resulted from gross negligence or was committed with knowledge of the pertinent facts.
Subject to paragraphs (2) and (3), to ensure the quality of grain marketed in or exported from the United States—
no dockage or foreign material, as defined by the Secretary, once removed from grain shall be recombined with any grain; and
no dockage or foreign material of any origin may be added to any grain.
Nothing in paragraph (1) shall be construed to prohibit—
the treatment of grain to suppress, destroy, or prevent insects and fungi injurious to stored grain;
the marketing, domestically or for export, of dockage or foreign material removed from grain if such dockage or foreign material is marketed—
separately and uncombined with any such whole grain;
in pelletized form; or
as a part of a processed ration for livestock, poultry, or fish;
the blending of grain with similar grain of a different quality to adjust the quality of the resulting mixture;
the recombination of broken corn or broken kernels, as defined by the Secretary, with grain of the type from which the broken corn or broken kernels were derived;
effective for the period ending , the recombination of dockage or foreign material, except dust, removed at an export loading facility from grain destined for shipment as a cargo under one export official certificate of inspection if—
the recombination occurs during the loading of the cargo;
the purpose is to ensure uniformity of dockage or foreign material throughout that specific cargo; and
the separation and recombination are conducted in accordance with regulations issued by the Secretary; or
the addition to grain of a dust suppressant, or the addition of confetti or any other similar material that serves the same purpose in a quantity necessary to facilitate identification of ownership or origin of a particular lot of grain.
The Secretary may, by regulation, exempt from paragraph (1) the last handling of grain in the final sale and shipment of such grain to a domestic user or processor if such exemption is determined by the Secretary to be in the best economic interest of producers, grain merchants, the industry involved, and the public.
Grain sold under an exemption authorized by this paragraph shall be consumed or processed into one or more products by the purchaser, but may not be resold into commercial channels for such grain or blended with other grain for resale. Neither products nor byproducts derived therefrom (except vegetable oils as defined by the Secretary and used as a dust suppressant) shall be blended with or added to grain in commercial channels.
The Secretary may prohibit the contamination of sound and pure grain, or prohibit disguising the quality of grain, as a result of the introduction of—
nongrain substances;
grain unfit for ordinary commercial purposes; or
grain that exceeds action limits established by the Food and Drug Administration or grain having residues that exceed the tolerance levels established by the Environmental Protection Agency.
No prohibition imposed under this section shall be construed to restrict the marketing of any grain so long as the grade or condition of the grain is properly identified.
Prior to taking action under this subsection, the Secretary shall promulgate regulations after providing for notice and an opportunity for public comment, that identify and define actions and conditions that are subject to prohibition.
In no case shall the Secretary prohibit the blending of an entire grade of grain.
In implementing paragraph (1)(C), the Secretary shall report any prohibitions to other appropriate public health agencies.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 90–487 § 1 · 82 Stat. 761
Enacted · 7 U.S.C. § 87b
Aug. 11, 1916, ch. 313, pt. B, § 13, 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, § 13, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766United States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(1) · 90 Stat. 2867
Substituted · 7 U.S.C. § 87b(a)(1)
Pub. L. 94–582, § 15(a)(1), substituted “official mark” for “official inspection mark”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 94–582, § 15(a)(1), substituted “official mark” for “official inspection mark”.Enacted provision · exact public law section
(1) by striking out in paragraphs (1) and (2) thereof the word “inspection” wherever it appears and by striking out the word “Secretary” in paragraph (2) and inserting in lieu thereof the word “Administrator”;United States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(2) · 90 Stat. 2867
Substituted · 7 U.S.C. § 87b(a)(2)
Pub. L. 94–582, § 15(a)(2), substituted “official mark” for “official inspection mark”
Substituted · 7 U.S.C. § 87b(a)(2)
Pub. L. 94–582, § 15(a)(2), substituted “official certificate” for “official inspection certificate”
Substituted · 7 U.S.C. § 87b(a)(2)
Pub. L. 94–582, § 15(a)(2), substituted “Administrator” for “Secretary”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 94–582, § 15(a)(2), substituted “official mark” for “official inspection mark” in three places, “official certificate” for “official inspection certificate” and “Administrator” for “Secretary”.Enacted provision · exact public law section
(2) by amending paragraph (3) thereof to read as follows: “(3) knowingly cause or attempt (whether successfully or not) to cause the issuance of a false or incorrect official certificate or other official form by any means, including but not limited to deceptive loading, handling, weighing, or sampling of grain, or submitting grain for official inspection or official weighing or supervision of weighing knowing that it has been deceptively loaded, handled, weighed, or sampled, without disclosing such knowledge to the official inspection personnel before official sampling or official weighing or supervision of weighing;”;United States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(2) · 90 Stat. 2867
Changed · 7 U.S.C. § 87b(a)(3)
Pub. L. 94–582, § 15(a)(2), prohibited deceptive weighing of grain or submitting grain for official weighing or supervision of weighing knowing it has been deceptively weighed without disclosure before official weighing or supervision of weighing
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 94–582, § 15(a)(2), prohibited deceptive weighing of grain or submitting grain for official weighing or supervision of weighing knowing it has been deceptively weighed without disclosure before official weighing or supervision of weighing.Enacted provision · exact public law section
(2) by amending paragraph (3) thereof to read as follows: “(3) knowingly cause or attempt (whether successfully or not) to cause the issuance of a false or incorrect official certificate or other official form by any means, including but not limited to deceptive loading, handling, weighing, or sampling of grain, or submitting grain for official inspection or official weighing or supervision of weighing knowing that it has been deceptively loaded, handled, weighed, or sampled, without disclosing such knowledge to the official inspection personnel before official sampling or official weighing or supervision of weighing;”;United States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(3) · 90 Stat. 2867
Substituted · 7 U.S.C. § 87b(a)(5)
Pub. L. 94–582, § 15(a)(3), substituted “official mark” for “official inspection mark”
Inserted · 7 U.S.C. § 87b(a)(5)
Pub. L. 94–582, § 15(a)(3), inserted “or officially weighed, respectively,” after “such container”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 94–582, § 15(a)(3), substituted “official mark” for “official inspection mark” and inserted “or officially weighed, respectively,” after “such container”.Enacted provision · exact public law section
(3) by amending paragraph (5) thereof to read as follows: “(5) knowingly use any official grade designation or official mark on any container of grain by means of a tag, label, or otherwise, unless the grain in such container was officially inspected on the basis of an official sample taken while the grain was being loaded into or was in such container or officially weighed, respectively, and the grain was found to qualify for such designation or mark;”;United States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(4) · 90 Stat. 2867
Inserted · 7 U.S.C. § 87b(a)(7); 7 U.S.C. § 87b(a)(8)
Pub. L. 94–582, § 15(a)(4), inserted “or personnel of agencies delegated authority or of agencies or other persons designated under this chapter” after “personnel”
Source evidence
Code amendment note
Subsecs. (a)(7), (8). Pub. L. 94–582, § 15(a)(4), inserted “or personnel of agencies delegated authority or of agencies or other persons designated under this chapter” after “personnel”.Enacted provision · exact public law section
(4) by inserting in paragraphs (7) and (8) immediately after the word “personnel” the words “or personnel of agencies delegated authority or of agencies or other persons designated under this Act” ;United States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(5) · 90 Stat. 2867
Inserted · 7 U.S.C. § 87b(a)(9)
Pub. L. 94–582, § 15(a)(5), inserted “or official weighing or supervision of weighing” after “official inspection”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 94–582, § 15(a)(5), inserted “or official weighing or supervision of weighing” after “official inspection”.Enacted provision · exact public law section
(5) by inserting in paragraphs (9) and (10) immediately after the words “official inspection” the words “or official weighing or supervision of weighing” and by inserting in paragraph (11) “7(f) (2), 7A, 7B(c),” after “section 5, 6”; andUnited States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(5) · 90 Stat. 2867
Inserted · 7 U.S.C. § 87b(a)(10)
Pub. L. 94–582, § 15(a)(5), (6), inserted “or official weighing or supervision of weighing” after “official inspection”
Struck · 7 U.S.C. § 87b(a)(10)
Pub. L. 94–582, § 15(a)(5), (6), struck out “or” at end
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 94–582, § 15(a)(5), (6), inserted “or official weighing or supervision of weighing” after “official inspection” and struck out “or” at end.Enacted provision · exact public law section
(5) by inserting in paragraphs (9) and (10) immediately after the words “official inspection” the words “or official weighing or supervision of weighing” and by inserting in paragraph (11) “7(f) (2), 7A, 7B(c),” after “section 5, 6”; andUnited States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(5) · 90 Stat. 2867
Inserted · 7 U.S.C. § 87b(a)(11)
Pub. L. 94–582, § 15(a)(5), inserted after “sections 77, 78,” references to “79(f)(2), 79a, 79b(c)”
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 94–582, § 15(a)(5), inserted after “sections 77, 78,” references to “79(f)(2), 79a, 79b(c)”.Enacted provision · exact public law section
(5) by inserting in paragraphs (9) and (10) immediately after the words “official inspection” the words “or official weighing or supervision of weighing” and by inserting in paragraph (11) “7(f) (2), 7A, 7B(c),” after “section 5, 6”; andUnited States Grain Standards Act of 1976
Pub. L. 94–582 § 15(a)(6) · 90 Stat. 2867
Added · 7 U.S.C. § 87b(a)(12); 7 U.S.C. § 87b(a)(13)
Pub. L. 94–582, § 15(a)(6), added pars. (12) and (13)
Source evidence
Code amendment note
Subsecs. (a)(12), (13). Pub. L. 94–582, § 15(a)(6), added pars. (12) and (13).Enacted provision · exact public law section
(6) by striking the word “or” at the end of paragraph (10) striking the period at the end of subsection (a) and inserting a semicolon in lieu thereof, and adding new paragraphs (12) and (13) as follows: “(12) knowingly engage in falsely stating or falsifying the weight of any grain shipped in interstate or foreign commerce by any means, including, but not limited to, the use of inaccurate, faulty, or defective testing equipment ; or “(13) knowingly prevent or impede any buyer or seller of grain or other person having a financial interest in the grain, or the authorized agent of any such person, from observing the loading of grain inspected under this Act and the weighing, sampling, and inspection of such grain under conditions prescribed by the Administrator.”.United States Grain Standards Act of 1976
Pub. L. 94–582 § 15(b) · 90 Stat. 2867
Substituted · 7 U.S.C. § 87b(b)(2)
Pub. L. 94–582, § 15(b), substituted “inspection or weighing function” for “inspection function”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 94–582, § 15(b), substituted “inspection or weighing function” for “inspection function”.Enacted provision · exact public law section
(b) Subsection (b) is amended by inserting in paragraph (2) the words “or weighing” after the word “inspection”.Food and Agriculture Act of 1977
Pub. L. 95–113 title XVI · 91 Stat. 913
Substituted · 7 U.S.C. § 87b(a)(6)
Pub. L. 95–113, §§ 1604(j)(1), 1606(h), substituted “or condition” for “condition, or quantity”
Inserted · 7 U.S.C. § 87b(a)(6)
Pub. L. 95–113, §§ 1604(j)(1), 1606(h), inserted “, or that any weighing service under this chapter has been performed with respect to grain” after “official inspection under this chapter”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 95–113, §§ 1604(j)(1), 1606(h), substituted “or condition” for “condition, or quantity” and inserted “, or that any weighing service under this chapter has been performed with respect to grain” after “official inspection under this chapter”.Enacted provision · exact public law
TITLE XVI— FEDERAL GRAIN INSPECTION 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,”. Sec. 1602. supervision fees (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.”. (b) Section 7A (1) of the United States Grain Standards Act (90 Stat. 2877; 7 U.S.C. 79a(l)) is amended to read as follows: “(1) The Administrator shall, under such regulations as the Administrator Weighing costs. may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is per-formed 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, cover the costs of the Service incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees 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.”. (c) Section 21 of the United States Grain Standards Act of 1976 (90 Stat. 2886) is amended by striking out “those Federal administrative 7 USC 87h. and supervisory costs incurred within the Service’s Washington office or not directly related to the official inspection or the provision of weighing services for grain” and inserting in lieu thereof the following: “Federal administrative and supervisory costs related to the official inspection or the provision of weighing services for grain”. (d) Section 27 of the United States Grain Standards Act of 1976 (90 Stat. 2889) is amended by striking out “, who pays fees when due, Post, pp. 1030, 1031. 7 USC 74 note. in the same manner as prescribed in section 7 or 7A of the United States Grain Standards Act, as amended by this Act,”. Sec. 1603. establishment of temporary advisory committee (a) In order to assure the normal movement of grain in 7 USC 75a note. an orderly and timely manner, the Secretary of Agriculture shall establish a temporary advisory committee to provide advice to the Administrator of the Federal Grain Inspection Service with respect to the 7 USC 71 note. Membership. implementation of the United States Grain Standards Act of 1976. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of grain producers, consumers, and all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisory committee shall be appointed not later than thirty days after the date of enactment of this Act. (b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act. (c) The Administrator of the Federal Grain Inspection Service shall provide the advisory committee with necessary clerical assistance and staff personnel. (d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this title, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5 of the United States Code. (e) The advisory committee shall terminate eighteen months after the date of enactment of this Act. (f) There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this section. Sec. 1604. technical amendments The United States Grain Standards Act (39 Stat. 482–485, as amended; 7 U.S.C. 71, 74–79, 79a and 79b, 84–87, and 87a–87h) is amended as follows: (a) Section 3 is amended by— (1) striking out “grain sorghum” in subsection (g) and inserting in lieu thereof “sorghum”; (2) amending subsection (m) to read as follows: “(m) the term ‘official agency’ means any State or local governmental agency, or any person, designated by the Administrator pursuant 7 USC 79. to subsection (f) of section 7 of this Act for the conduct of official inspection (other than appeal inspection), or 7 USC 79a. subsection (c) of section 7A of this Act for the conduct of official weighing or supervision of weighing (other than appeal weighing);”; (3) inserting “for” immediately after “under standards provided” in subsection (x); and (4) amending subsection (y) to read as follows: “(y) the term ‘supervision of weighing’ means such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance;”. (b) Section 3A is amended by adding at the end thereof the following: “The Secretary may delegate authority to the Administrator to perform related functions for grain and similar commodities and products thereof under other statutes administered by the Department of Agriculture. Notwithstanding any other provision of law, the Secretary is authorized to appoint four individuals to positions at grade 5 USC 5332 note. 16 of the General Schedule, in the Service.”. (c) Section 4(a) is amended by— 7 USC 76. (1) striking out “grain sorghum” and inserting in lieu thereof “sorghum”; (2) inserting a comma after “equipment calibration and maintenance”; and (3) inserting “or procedures” after “(2) standards” and after “revoke such standards” and striking out “procedures” after “weight certification”. (d) Section 7 is amended by— 7 USC 79. (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); (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); (3) striking out “subsections (e) and (f)” in paragraph (1) of subsection (g) and inserting in lieu thereof “subsection (f)”; and (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.”. (e) Section 7A is amended by— 7 USC 79a. (1) in subsection (b), inserting “official weighing or” immediately after “The Administrator is authorized to cause” and inserting “at export, elevators” immediately after “located other than”; (2) amending paragraph (2) of subsection (c) by— (A) in the first sentence, inserting “or supervision of weighing” immediately after “to delegate authority to perform official weighing”, inserting “official weighing or” immediately before “supervision of weighing, if such agency or person qualifies”, and striking out “number” and inserting in lieu thereof “under”; (B) in clause (A) of the second sentence, striking out “at export elevators”, and inserting “or supervision of weighing” immediately after “official weighing”; and (C) inserting “official weighing or” immediately before “supervision of weighing” wherever this phrase appears in clause (B) of the second sentence; (3) adding at the end of subsection (d) a new sentence as fol-lows: “All or specified functions of such weighing 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.”; (4) striking out the second sentence of subsection (e); (5) amending subsection (f) by— (A) in clause (2), striking out “employ” and inserting in lieu thereof “permit”, and inserting “and who are approved by the Administrator” immediately before “to operate the scales”; and (B) in clause (3), striking out “employees of the facility” and inserting in lieu thereof “persons other than official inspection personnel”, and striking out “employees to operate” and inserting in lieu thereof “such persons to operate”; (6) inserting “or supervision of weighing” immediately after “official weighing” in subsection (g); (7) inserting “or local governmental agency” immediately after “No State” in subsection (i); and (8) adding at the end of subsection (i) a new sentence as fol-lows: “Not more than one official agency or State delegated authority pursuant to subsection (c) (2) of this section for carrying out the weighing provisions of this Act shall be operative at one time for any geographic area as determined by the 7 USC 74. 7 USC 79b. Administrator to effectuate the objectives stated in section 2 of this Act.”. (f) Section 7B is amended by— (1) inserting “for the purpose of official inspection, official weighing, or supervision of weighing” immediately before “of gram located at all grain elevators” in subsection (a); (2) at the end of subsection (a), inserting “Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of such testing by employees of the Service. Such fees shall be 7 USC 79. deposited into the fund created by section 7 (j) of this Act.”; and (3) inserting “for the purposes of this Act” immediately after “no person shall use” in subsection (c). (g) Section 8 is amended by— (1) amending subsection (a) by— (A) inserting “, other than appeal weighing,” immediately after “supervision of weighing” in clause (1); (B) striking out “of grain” in clause (2) (B) and inserting in lieu thereof “(including appeal weighing) of grain in the United States, or of United States grain in Canadian ports”; and (C) in clause (3), inserting “or governmental agency” immediately after “(3) to contract with any person”, and striking out “specified sampling and laboratory testing” and inserting in lieu thereof “specified sampling, laboratory testing, and similar technical functions”; and (2) adding at the end of subsection (e) a new sentence as follows: “The Administrator may compensate such personnel at any rate within the appropriate grade of the General Schedule as the. Administrator deems necessary without regard to section 5333 of title 5 of the United States Cocle.”. (h) Section 11 is amended by— (1) inserting “official weighing or” immediately before “super-vision of weighing” in paragraph (3) of subsection (b); (2) in the first sentence of paragraph (5) of subsection (b), inserting “official weighing or” immediately before “supervision of weighing except”, and inserting “director,” immediately before “officer, employee,”; and (3) inserting “or State agency delegated authority under this Act” immediately after “official agency” in subsection (c). (i) Section 12 is amended by— 7 USC 87a. (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 (2) striking out “delegate authority of this Act” in subsection (c) and inserting in lieu thereof “delegated authority under this Act”. (j) Section 13(a) is amended by— 7 USC 87b. (1) inserting “, or that any weighing service under this Act has been performed with respect to grain” immediately before the semicolon at the end of paragraph (6); (2) striking out in paragraph (11) “5, 6, 7(f) (2), 7A, 7B(c), 8, 11, or 12” and inserting in lieu thereof “5; 6; 7(f) (2), (3), or (4); 7A;7B(c); 8; 11; 12; or 17A”; (3) striking out “testing” in paragraph (12) and inserting in lieu thereof “weighing”; and (4) in paragraph (13), striking out “the grain” and inserting in lieu thereof “grain”, and inserting “the” immediately after “observing the loading of”. (k) Section 16 is amended by— Rules and regulations. 7 USC 87e. (1) striking out, in subsection (a), the second sentence and all that follows “or other person;” in the first sentence down through “by the Administrator.” and inserting in lieu thereof the following: “and prescribe such rules, regulations, and instructions, as the Administrator deems necessary to effectuate the purposes or provisions of this Act. Such regulations may require, as a condition for official inspection or official weighing or supervision of weighing, among other things, (1) that there be installed specified sampling, handling, weighing, and monitoring equipment in grain elevators, warehouses, and other grain storage or handling facilities, (2) that approval of the Administrator be obtained as to the condition of vessels and other carriers or receptacles for the transporting or storing of grain, and (3) that persons having a financial interest in the grain which is to be inspected (or their agents) shall be afforded an opportunity to observe the weighing, loading, and official inspection thereof, under conditions prescribed by the Administrator.”; and (2) striking out “additional” in subsection (f). (l) Section 17A is amended by striking out “All persons registered” 7 USC 87f-1. in paragraph (1) of subsection (b) and inserting in lieu thereof “All persons required to register”. (m) Section 17B is amended in clause (2) of subsection (b) by 7 USC 87f-2. inserting “notwithstanding the provisions of section 812 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c-3),” immediately after “(2)” and inserting “notice of” immediately after “Administrator or the Secretary of”. (n) Section 21 is amended by striking out “Sec. 21” and inserting 7 USC 87h. in lieu thereof “Sec. 19”. Sec. 1605. studies of grain inspection and weighing; effective date (a) Section 8(b) of the United States Grain Standards 7 USC 79 note. Act of 1976 (90 Stat. 2874) is amended by— (1) inserting in paragraph (3) “(which may include the application of statistical tolerances for expected variations)” immediately after “error rates of such agencies”; (2) striking out in paragraph (4) “eighteen months” and inserting in lieu thereof “thirty months”; and (3) striking out in paragraph (5) “two years” and inserting in lieu thereof “three years”. (b) Section 27 of the United States Grain Standards Act of 1976 Ante, p. 1025. 7 USC 74 note. Effective date. (90 Stat. 2889) is amended by— (1) striking out all that follows “Sec. 27.” down through “without a designation under the United States Grain Standards Act, as amended by this Act” and inserting in lieu thereof the following: “This Act shall become effective thirty days after enactment hereof; and thereafter no State or other agency or per-son shall provide official inspection or official weighing or supervision of weighing under the United States Grain Standards Act, as amended by this Act, at an export port location without a delegation of authority or other authorization under such amended Act, and no agency or person shall provide official inspection service or official weighing or supervision of weighing under such amended Act in any other area without a designation or other authorization under such amended Act”; (2) inserting “or other authorization under such Act” immediately after “may continue to operate in that area without a delegation or designation”; and (3) striking out “and export elevators located at export port locations” in clause (3). Sec. 1606. miscellaneous amendments The United States Grain Standards Act is further amended as follows: (a) Section 3(i) is amended by striking out “or, upon request of the interested party applying for inspection, the quantity of sacks of grain,”. (b) Section 5(a) is amended by inserting “or procedures” immediately after “standards” each place it appears therein. (c) Section 6(a) is amended by striking out “factor information” and inserting in lieu thereof “criteria”. (d) Section 7(b) is amended by striking out “or quantity of sacks of grain,” (e) Section 7A is amended by inserting in subsections (a), (b), and (e) “or procedures” immediately after “standards”. (f) Section 8(f) is amended by inserting “and weighing” immediately after “integrity of the official inspection”. (g) Section 11(b)(4) is amended by inserting “or supervision of weighing” immediately after “official weighing”. (h) Section 13(a)(6) is amended by striking out “condition, or quantity” and inserting in lieu thereof “or condition”. (i) Sections 16(b) and 17B are amended by striking out “Committee on Agriculture and Forestry” each place these words appear therein and inserting in lieu thereof “Committee on Agriculture, Nutrition, and Forestry”. (j) Section 17B(a) is amended by inserting “and weighing” immediately after “inspection”. Sec. 1607. conforming amendments The United States Grain Standards Act of 1976 (90 Stat. 2874 and 2890) is amended as follows: 7 USC 84. (a) Section 8(b)(4) is amended by striking out “Committee on Agriculture and Forestry” and inserting in lieu thereof “Committee on Agriculture, Nutrition, and Forestry”. (b) Section 27 is amended by inserting “or” immediately after the Ante, pp. 1025, 1030. 7 USC 74 note. semicolon at the end of clause (2). Sec. 1608. retention of designations following convictions Section 27 of the United States Grain Standards Act of 1976 ( 90 Stat. 2890) is amended by inserting immediately before the semicolon at the end of clause (2) the following: “: Provided, That the Administrator may allow such affected agency or person to continue to operate in that area if the Administrator determines that such continued operations are necessary or desirable in carrying out the requirements of this Act: Provided further, That the Administrator shall, Report to congressional committees. within 30 days after making such determination, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate detailing the factual bases for such determination”.Food and Agriculture Act of 1977
Pub. L. 95–113 § 1604(j)(2) · 91 Stat. 913
Inserted · 7 U.S.C. § 87b(a)(11)
Pub. L. 95–113, § 1604(j)(2), inserted references to sections 79(f)(3) and (4) and 87f–1 of this title
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 95–113, § 1604(j)(2), inserted references to sections 79(f)(3) and (4) and 87f–1 of this title.Enacted provision · exact public law section
(2) striking out in paragraph (11) “5, 6, 7(f) (2), 7A, 7B(c), 8, 11, or 12” and inserting in lieu thereof “5; 6; 7(f) (2), (3), or (4); 7A;7B(c); 8; 11; 12; or 17A”;Food and Agriculture Act of 1977
Pub. L. 95–113 § 1604(j)(3) · 91 Stat. 913
Substituted · 7 U.S.C. § 87b(a)(12)
Pub. L. 95–113, § 1604(j)(3), substituted “weighing equipment” for “testing equipment”
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 95–113, § 1604(j)(3), substituted “weighing equipment” for “testing equipment”.Enacted provision · exact public law section
(3) striking out “testing” in paragraph (12) and inserting in lieu thereof “weighing”; andFood and Agriculture Act of 1977
Pub. L. 95–113 § 1604(j)(4) · 91 Stat. 913
Substituted · 7 U.S.C. § 87b(a)(13)
Pub. L. 95–113, § 1604(j)(4), substituted “financial interest in grain” for “financial interest in the grain”
Substituted · 7 U.S.C. § 87b(a)(13)
Pub. L. 95–113, § 1604(j)(4), substituted “loading of the grain” for “loading of grain”
Source evidence
Code amendment note
Subsec. (a)(13). Pub. L. 95–113, § 1604(j)(4), substituted “financial interest in grain” for “financial interest in the grain” and “loading of the grain” for “loading of grain”.Enacted provision · exact public law section
(4) in paragraph (13), striking out “the grain” and inserting in lieu thereof “grain”, and inserting “the” immediately after “observing the loading of”.Grain Quality Improvement Act of 1986
Pub. L. 99–641 title III § 303(a) · 100 Stat. 3556
Added · 7 U.S.C. § 87b(d)
Pub. L. 99–641 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–641 added subsec. (d).Enacted provision · exact public law section
(a) Prohibited Act.— Section 13 of the United States Grain Standards Act (7 U.S.C. 87b) is amended by adding at the end thereof the following new subsection: “(d) (1) Subject to paragraphs (2) and (3), to ensure the quality of grain marketed in or exported from the United States— “(A) no dockage or foreign material, as defined by the Secretary, once removed from grain shall be recombined with any grain; and “(B) no dockage or foreign material of any origin may be added to any grain. “(2) Nothing in paragraph (1) shall be construed to prohibit— “(A) the treatment of grain to suppress, destroy, or prevent insects and fungi injurious to stored grain; “(B) the marketing, domestically or for export, of dockage or foreign material removed from grain if such dockage or foreign material is marketed— “(i) separately and uncombined with any such whole grain; “(ii) in pelletized form; or “(iii) as a part of a processed ration for livestock, poultry, or fish; “(C) the blending of grain with similar grain of a different quality to adjust the quality of the resulting mixture; “(D) the recombination of broken com or broken kernels, as defined by the Administrator, with grain of the type from which the broken corn or broken kernels were derived; “(E) effective for the period ending December 31, 1987, the recombination of dockage or foreign material, except dust, removed at an export loading facility from grain destined for shipment as a cargo under one export official certificate of inspection if— “(i) the recombination occurs during the loading of the cargo; “(ii) the purpose is to ensure uniformity of dockage or foreign material throughout that specific cargo; and “(iii) the separation and recombination are conducted in accordance with regulations issued by the Administrator; or “(F) the addition to grain of a dust suppressant, or the addition of confetti or any other similar material that serves the same purpose in a quantity necessary to facilitate identification of ownership or origin of a particular lot of grain. “(3) (A) The Secretary may, by regulation, exempt from paragraph Business and industry. (1) the last handling of grain in the final sale and shipment of such grain to a domestic user or processor if such exemption is determined by the Secretary to be in the best economic interest of producers, grain merchants, the industry involved, and the public. “(B) Grain sold under an exemption authorized by this paragraph shall be consumed or processed into one or more products by the purchaser, but may not be resold into commercial channels for such grain or blended with other grain for resale. Neither products nor byproducts derived therefrom (except vegetable oils as defined by the Secretary and used as a dust suppressant) shall be blended with or added to grain in commercial channels.Effective date note
Pub. L. 99–641, title III, § 303(b), Nov. 10, 1986, 100 Stat. 3565, provided that: “The amendments made by this section [amending this section] shall become effective on May 1, 1987.”Grain Quality Incentives Act of 1990
Pub. L. 101–624 title XX § 2008 · 104 Stat. 3359
Added · 7 U.S.C. § 87b(e)
Pub. L. 101–624 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–624 added subsec. (e).Enacted provision · exact public law section
SEC. 2008. PROHIBITION OF CONTAMINATION. Section 13 of the United States Grain Standards Act (7 U.S.C. 87b) is amended by adding at the end the following new subsection: “(e) (1) The Administrator may prohibit the contamination of sound and pure grain as a result of the introduction of— “(A) nongrain substances; “(B) grain unfit for ordinary commercial purposes; or “(C) grain that exceeds action limits established by the Food and Drug Administration or grain having residues that exceed the tolerance levels established by the Environmental Protection Agency. “(2) No prohibition imposed under this section shall be construed to restrict the marketing of any grain so long as the grade or condition of the grain is properly identified. “(3) Prior to taking action under this subsection, the Administrator Regulations. shall promulgate regulations after providing for notice and an opportunity for public comment, that identify and define actions and conditions that are subject to prohibition. “(4) In no case shall the Administrator prohibit the blending of an entire grade of grain. “(5) In implementing paragraph (1)(C), the Administrator shall Reports. report any prohibitions to other appropriate public health agencies.”.United States Grain Standards Act Amendments of 1993
Pub. L. 103–156 § 12 · 107 Stat. 1525
Amended · 7 U.S.C. § 87b
Pub. L. 103–156, § 12(l), which directed amendment of “Section 13”, without specifying the name of the Act being amended, was executed to this section, which is section 13 of the United States Grain Standards Act, to reflect the probable intent of Congress
Source evidence
Code amendment note
Pub. L. 103–156, § 12(l), which directed amendment of “Section 13”, without specifying the name of the Act being amended, was executed to this section, which is section 13 of the United States Grain Standards Act, to reflect the probable intent of Congress.Enacted provision · exact public law section
SEC. 12. ELIMINATION OF GENDER-BASED REFERENCES. (a) Section 3 (7 U.S.C. 75) is amended— (1) in subsection (a), by striking “his delegates” and inserting “delegates of the Secretary”; and (2) in subsection (z), by striking “his delegates” and inserting “delegates of the Administrator”. (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended by striking “his judgment” and inserting “the judgment of the Administrator”. (c) Section 5 (7 U.S.C. 77) is amended— (1) in subsection (a)(1), by striking “his agent” and inserting “the agent of the shipper”; and (2) in subsection (b), by striking “he” and inserting “the Administrator”. (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”. (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by striking “he” and inserting “the Administrator”. (f) Section 7B(a) (7 U.S.C. 79b(a)) is amended by striking “he” and inserting “the Administrator”. (g) Section 8 (7 U.S.C. 84) is amended— (1) in subsection (a), by striking “him” and inserting “the Administrator”; and (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”. (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”. (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”. (j) Section 11 (7 U.S.C. 87) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; and (2) in subsection (b)— (A) in paragraph (1), by striking “he” and inserting “the producer”; and (B) in paragraph (5), by striking “he” each place it appears and inserting “the Administrator”. (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”. (l) Section 13(a) (7 U.S.C. 87b(a)) is amended— (1) in paragraph (2), by striking “his representative” and inserting “the representative of the Administrator”; (2) m paragraphs (7) and (8), by striking “his duties” each place it appears and inserting “the duties of the officer, employee, or other person”; and (3) in paragraph (9), by striking “he” and inserting “the person”. (m) Section 14 (7 U.S.C. 87c) is amended— (1) in subsection (a), by striking “he” and inserting “the person”; and (2) in subsection (b), by striking “he” each place it appears and inserting “the Administrator”. (n) Section 15 (7 U.S.C. 87d) is amended by striking “his employment or office” and inserting “the employment or office of the official, agent, or other person”. (o) Section 17(e) (7 U.S.C. 87fle)) is amended by striking “his power” and inserting “the power of the person”. (p) Section 17A (7 U.S.C. 87f–1) is amended— (1) in subsection (a)(2), by striking “he” and inserting “the producer”; and (2) in subsection (c), by striking “he” and inserting “the person”.United States Grain Standards Act Amendments of 1993
Pub. L. 103–156 § 12 · 107 Stat. 1525
Substituted · 7 U.S.C. § 87b(a)(2)
Pub. L. 103–156, § 12(l)(1), substituted “the representative of the Administrator” for “his representative”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 103–156, § 12(l)(1), substituted “the representative of the Administrator” for “his representative”.Enacted provision · exact public law section
SEC. 12. ELIMINATION OF GENDER-BASED REFERENCES. (a) Section 3 (7 U.S.C. 75) is amended— (1) in subsection (a), by striking “his delegates” and inserting “delegates of the Secretary”; and (2) in subsection (z), by striking “his delegates” and inserting “delegates of the Administrator”. (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended by striking “his judgment” and inserting “the judgment of the Administrator”. (c) Section 5 (7 U.S.C. 77) is amended— (1) in subsection (a)(1), by striking “his agent” and inserting “the agent of the shipper”; and (2) in subsection (b), by striking “he” and inserting “the Administrator”. (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”. (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by striking “he” and inserting “the Administrator”. (f) Section 7B(a) (7 U.S.C. 79b(a)) is amended by striking “he” and inserting “the Administrator”. (g) Section 8 (7 U.S.C. 84) is amended— (1) in subsection (a), by striking “him” and inserting “the Administrator”; and (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”. (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”. (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”. (j) Section 11 (7 U.S.C. 87) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; and (2) in subsection (b)— (A) in paragraph (1), by striking “he” and inserting “the producer”; and (B) in paragraph (5), by striking “he” each place it appears and inserting “the Administrator”. (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”. (l) Section 13(a) (7 U.S.C. 87b(a)) is amended— (1) in paragraph (2), by striking “his representative” and inserting “the representative of the Administrator”; (2) m paragraphs (7) and (8), by striking “his duties” each place it appears and inserting “the duties of the officer, employee, or other person”; and (3) in paragraph (9), by striking “he” and inserting “the person”. (m) Section 14 (7 U.S.C. 87c) is amended— (1) in subsection (a), by striking “he” and inserting “the person”; and (2) in subsection (b), by striking “he” each place it appears and inserting “the Administrator”. (n) Section 15 (7 U.S.C. 87d) is amended by striking “his employment or office” and inserting “the employment or office of the official, agent, or other person”. (o) Section 17(e) (7 U.S.C. 87fle)) is amended by striking “his power” and inserting “the power of the person”. (p) Section 17A (7 U.S.C. 87f–1) is amended— (1) in subsection (a)(2), by striking “he” and inserting “the producer”; and (2) in subsection (c), by striking “he” and inserting “the person”.United States Grain Standards Act Amendments of 1993
Pub. L. 103–156 § 12 · 107 Stat. 1525
Substituted · 7 U.S.C. § 87b(a)(7); 7 U.S.C. § 87b(a)(8)
Pub. L. 103–156, § 12(l)(2), substituted “the duties of the officer, employee, or other person” for “his duties”
Source evidence
Code amendment note
Subsec. (a)(7), (8). Pub. L. 103–156, § 12(l)(2), substituted “the duties of the officer, employee, or other person” for “his duties”.Enacted provision · exact public law section
SEC. 12. ELIMINATION OF GENDER-BASED REFERENCES. (a) Section 3 (7 U.S.C. 75) is amended— (1) in subsection (a), by striking “his delegates” and inserting “delegates of the Secretary”; and (2) in subsection (z), by striking “his delegates” and inserting “delegates of the Administrator”. (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended by striking “his judgment” and inserting “the judgment of the Administrator”. (c) Section 5 (7 U.S.C. 77) is amended— (1) in subsection (a)(1), by striking “his agent” and inserting “the agent of the shipper”; and (2) in subsection (b), by striking “he” and inserting “the Administrator”. (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”. (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by striking “he” and inserting “the Administrator”. (f) Section 7B(a) (7 U.S.C. 79b(a)) is amended by striking “he” and inserting “the Administrator”. (g) Section 8 (7 U.S.C. 84) is amended— (1) in subsection (a), by striking “him” and inserting “the Administrator”; and (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”. (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”. (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”. (j) Section 11 (7 U.S.C. 87) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; and (2) in subsection (b)— (A) in paragraph (1), by striking “he” and inserting “the producer”; and (B) in paragraph (5), by striking “he” each place it appears and inserting “the Administrator”. (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”. (l) Section 13(a) (7 U.S.C. 87b(a)) is amended— (1) in paragraph (2), by striking “his representative” and inserting “the representative of the Administrator”; (2) m paragraphs (7) and (8), by striking “his duties” each place it appears and inserting “the duties of the officer, employee, or other person”; and (3) in paragraph (9), by striking “he” and inserting “the person”. (m) Section 14 (7 U.S.C. 87c) is amended— (1) in subsection (a), by striking “he” and inserting “the person”; and (2) in subsection (b), by striking “he” each place it appears and inserting “the Administrator”. (n) Section 15 (7 U.S.C. 87d) is amended by striking “his employment or office” and inserting “the employment or office of the official, agent, or other person”. (o) Section 17(e) (7 U.S.C. 87fle)) is amended by striking “his power” and inserting “the power of the person”. (p) Section 17A (7 U.S.C. 87f–1) is amended— (1) in subsection (a)(2), by striking “he” and inserting “the producer”; and (2) in subsection (c), by striking “he” and inserting “the person”.United States Grain Standards Act Amendments of 1993
Pub. L. 103–156 § 12 · 107 Stat. 1525
Substituted · 7 U.S.C. § 87b(a)(9)
Pub. L. 103–156, § 12(l)(3), substituted “the person” for “he”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 103–156, § 12(l)(3), substituted “the person” for “he”.Enacted provision · exact public law section
SEC. 12. ELIMINATION OF GENDER-BASED REFERENCES. (a) Section 3 (7 U.S.C. 75) is amended— (1) in subsection (a), by striking “his delegates” and inserting “delegates of the Secretary”; and (2) in subsection (z), by striking “his delegates” and inserting “delegates of the Administrator”. (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended by striking “his judgment” and inserting “the judgment of the Administrator”. (c) Section 5 (7 U.S.C. 77) is amended— (1) in subsection (a)(1), by striking “his agent” and inserting “the agent of the shipper”; and (2) in subsection (b), by striking “he” and inserting “the Administrator”. (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”. (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by striking “he” and inserting “the Administrator”. (f) Section 7B(a) (7 U.S.C. 79b(a)) is amended by striking “he” and inserting “the Administrator”. (g) Section 8 (7 U.S.C. 84) is amended— (1) in subsection (a), by striking “him” and inserting “the Administrator”; and (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”. (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”. (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”. (j) Section 11 (7 U.S.C. 87) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; and (2) in subsection (b)— (A) in paragraph (1), by striking “he” and inserting “the producer”; and (B) in paragraph (5), by striking “he” each place it appears and inserting “the Administrator”. (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”. (l) Section 13(a) (7 U.S.C. 87b(a)) is amended— (1) in paragraph (2), by striking “his representative” and inserting “the representative of the Administrator”; (2) m paragraphs (7) and (8), by striking “his duties” each place it appears and inserting “the duties of the officer, employee, or other person”; and (3) in paragraph (9), by striking “he” and inserting “the person”. (m) Section 14 (7 U.S.C. 87c) is amended— (1) in subsection (a), by striking “he” and inserting “the person”; and (2) in subsection (b), by striking “he” each place it appears and inserting “the Administrator”. (n) Section 15 (7 U.S.C. 87d) is amended by striking “his employment or office” and inserting “the employment or office of the official, agent, or other person”. (o) Section 17(e) (7 U.S.C. 87fle)) is amended by striking “his power” and inserting “the power of the person”. (p) Section 17A (7 U.S.C. 87f–1) is amended— (1) in subsection (a)(2), by striking “he” and inserting “the producer”; and (2) in subsection (c), by striking “he” and inserting “the person”.United States Grain Standards Act Amendments of 1993
Pub. L. 103–156 § 7 · 107 Stat. 1525
Amended · 7 U.S.C. § 87b(a)(11)
Pub. L. 103–156, § 7, amended par. (11) generally. Prior to amendment, par. (11) read as follows: “violate any provision of section 77; 78; 79(f)(2), (3), or (4); 79a; 79b(c); 84; 87; 87a; or 87f–1 of this title;”
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 103–156, § 7, amended par. (11) generally. Prior to amendment, par. (11) read as follows: “violate any provision of section 77; 78; 79(f)(2), (3), or (4); 79a; 79b(c); 84; 87; 87a; or 87f–1 of this title;”.Enacted provision · exact public law section
SEC. 7. PROHIBITED ACTS. Paragraph (11) of section 13(a) of the United States Grain Standards Act (7 U.S.C. 87b(a)(ll)) is amended to read as follows: “(11) violate section 5, 6, 7, 7A, 7B, 8, 11, 12, 16, or 17A;”.Department of Agriculture Reorganization Act of 1994
Pub. L. 103–354 title II § 293(a)(7) · 108 Stat. 3178
Substituted · 7 U.S.C. § 87b(a)(2)(13)(d)(2)(D)(E)(iii)(e)(1)(3)(5)
Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsecs. (a)(2), (13), (d)(2)(D), (E)(iii), (e)(1), (3) to (5). 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”; andGrain Standards and Warehouse Improvement Act of 2000
Pub. L. 106–472 title I § 107 · 114 Stat. 2058
Inserted · 7 U.S.C. § 87b(e)(1)
Pub. L. 106–472 inserted “, or prohibit disguising the quality of grain,” after “sound and pure grain” in introductory provisions
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 106–472 inserted “, or prohibit disguising the quality of grain,” after “sound and pure grain” in introductory provisions.Enacted provision · exact public law section
SEC. 107. GRAIN ADDITIVES. Section 13(e)(1) of the United States Grain Standards Act (7 U.S.C. 87b(e)(1)) is amended by inserting “, or prohibit disguising the quality of grain,” after “sound and pure grain”.
27 of 30 references resolved to an enrolled provision · 3 partial
Editorial Notes
Amendments1976–2000 · 7 rounds
2000
Subsec. (e)(1). Pub. L. 106–472 inserted “, or prohibit disguising the quality of grain,” after “sound and pure grain” in introductory provisions.
1994
Subsecs. (a)(2), (13), (d)(2)(D), (E)(iii), (e)(1), (3) to (5). Pub. L. 103–354 substituted “Secretary” for “Administrator” wherever appearing.
1993
Pub. L. 103–156, § 12(l), which directed amendment of “Section 13”, without specifying the name of the Act being amended, was executed to this section, which is section 13 of the United States Grain Standards Act, to reflect the probable intent of Congress.
Subsec. (a)(2). Pub. L. 103–156, § 12(l)(1), substituted “the representative of the Administrator” for “his representative”.
Subsec. (a)(7), (8). Pub. L. 103–156, § 12(l)(2), substituted “the duties of the officer, employee, or other person” for “his duties”.
Subsec. (a)(9). Pub. L. 103–156, § 12(l)(3), substituted “the person” for “he”.
Subsec. (a)(11). Pub. L. 103–156, § 7, amended par. (11) generally. Prior to amendment, par. (11) read as follows: “violate any provision of section 77; 78; 79(f)(2), (3), or (4); 79a; 79b(c); 84; 87; 87a; or 87f–1 of this title;”.
1990
Subsec. (e). Pub. L. 101–624 added subsec. (e).
1986
Subsec. (d). Pub. L. 99–641 added subsec. (d).
1977
Subsec. (a)(6). Pub. L. 95–113, §§ 1604(j)(1), 1606(h), substituted “or condition” for “condition, or quantity” and inserted “, or that any weighing service under this chapter has been performed with respect to grain” after “official inspection under this chapter”.
Subsec. (a)(11). Pub. L. 95–113, § 1604(j)(2), inserted references to sections 79(f)(3) and (4) and 87f–1 of this title.
Subsec. (a)(12). Pub. L. 95–113, § 1604(j)(3), substituted “weighing equipment” for “testing equipment”.
Subsec. (a)(13). Pub. L. 95–113, § 1604(j)(4), substituted “financial interest in grain” for “financial interest in the grain” and “loading of the grain” for “loading of grain”.
1976
Subsec. (a)(1). Pub. L. 94–582, § 15(a)(1), substituted “official mark” for “official inspection mark”.
Subsec. (a)(2). Pub. L. 94–582, § 15(a)(2), substituted “official mark” for “official inspection mark” in three places, “official certificate” for “official inspection certificate” and “Administrator” for “Secretary”.
Subsec. (a)(3). Pub. L. 94–582, § 15(a)(2), prohibited deceptive weighing of grain or submitting grain for official weighing or supervision of weighing knowing it has been deceptively weighed without disclosure before official weighing or supervision of weighing.
Subsec. (a)(5). Pub. L. 94–582, § 15(a)(3), substituted “official mark” for “official inspection mark” and inserted “or officially weighed, respectively,” after “such container”.
Subsecs. (a)(7), (8). Pub. L. 94–582, § 15(a)(4), inserted “or personnel of agencies delegated authority or of agencies or other persons designated under this chapter” after “personnel”.
Subsec. (a)(9). Pub. L. 94–582, § 15(a)(5), inserted “or official weighing or supervision of weighing” after “official inspection”.
Subsec. (a)(10). Pub. L. 94–582, § 15(a)(5), (6), inserted “or official weighing or supervision of weighing” after “official inspection” and struck out “or” at end.
Subsec. (a)(11). Pub. L. 94–582, § 15(a)(5), inserted after “sections 77, 78,” references to “79(f)(2), 79a, 79b(c)”.
Subsecs. (a)(12), (13). Pub. L. 94–582, § 15(a)(6), added pars. (12) and (13).
Subsec. (b)(2). Pub. L. 94–582, § 15(b), substituted “inspection or weighing function” for “inspection function”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–641, title III, § 303(b), , 100 Stat. 3565, provided that: “The amendments made by this section [amending this section] shall become effective on .”
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–113 effective , see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–582 effective 30 days after , see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.
Effective Date
For effective date of section, see section 2 of Pub. L. 90–487, set out as an Effective Date of 1968 Amendment note under section 78 of this title.
Benefits and Costs Associated With Improved Grain Quality
Administrator of Federal Grain Inspection Service to estimate economic impact, including benefits and costs and distribution of such benefits and costs, of any major changes necessary to carry out amendments to this section by title XX of Pub. L. 101–624 prior to making such changes, see section 2003 of Pub. L. 101–624, set out as a note under section 76 of this title.
Credits
1916–2000 · 8 acts
- 1916Aug. 11, 1916, ch. 313, pt. B, § 13, as added Pub. L. 90–487, § 1, , 82 Stat. 766
- 1976amended Pub. L. 94–582, § 15, , 90 Stat. 2883
- 1977Pub. L. 95–113, title XVI, §§ 1604(j), 1606(h), , 91 Stat. 1029, 1030
- 1986Pub. L. 99–641, title III, § 303(a), , 100 Stat. 3564
- 1990Pub. L. 101–624, title XX, § 2008, , 104 Stat. 3931
- 1993Pub. L. 103–156, §§ 7, 12(l), , 107 Stat. 1526, 1529
- 1994Pub. L. 103–354, title II, § 293(a)(7), , 108 Stat. 3237
- 2000Pub. L. 106–472, title I, § 107, , 114 Stat. 2060.
Show as published
(Aug. 11, 1916, ch. 313, pt. B, § 13, as added Pub. L. 90–487, § 1, , 82 Stat. 766; amended Pub. L. 94–582, § 15, , 90 Stat. 2883; Pub. L. 95–113, title XVI, §§ 1604(j), 1606(h), , 91 Stat. 1029, 1030; Pub. L. 99–641, title III, § 303(a), , 100 Stat. 3564; Pub. L. 101–624, title XX, § 2008, , 104 Stat. 3931; Pub. L. 103–156, §§ 7, 12(l), , 107 Stat. 1526, 1529; Pub. L. 103–354, title II, § 293(a)(7), , 108 Stat. 3237; Pub. L. 106–472, title I, § 107, , 114 Stat. 2060.)