7 U.S.C. § 79
The Secretary is authorized to cause official inspection under the standards provided for in section 76 of this title to be made of all grain required to be officially inspected as provided in section 77 of this title, in accordance with such regulations as the Secretary may prescribe.
The Secretary is further authorized, upon request of any interested person, and under such regulations as the Secretary may prescribe, to cause official inspection to be made with respect to any grain whether by official sample, submitted sample, or otherwise within the United States under standards provided for in section 76 of this title, or, upon request of the interested person, under other criteria approved by the Secretary for determining the kind, class, quality, or condition of grain, or other facts relating to grain, whenever in the judgment of the Secretary providing such service will effectuate any of the objectives stated in section 74 of this title.
The regulations prescribed by the Secretary under this chapter shall include provisions for reinspections and appeal inspections; cancellation and surrender of certificates superseded by reinspections and appeal inspections; and the use of standard forms for official certificates. The Secretary may provide by regulation that samples obtained by or for employees of the Secretary for purposes of official inspection shall become the property of the United States, and such samples may be disposed of without regard to the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
Official certificates setting out the results of official inspection issued and not canceled under this chapter shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the facts stated therein.
If the Secretary determines that official inspection by an official agency designated under subsection (f) of this section is not available on a regular basis at any location (other than at an export port location) where the Secretary determines such inspection is needed to effectuate the objectives stated in section 74 of this title, and that no official agency within reasonable proximity to such location is willing to provide or has or can acquire adequate personnel and facilities for providing such service on an interim basis, official inspection shall be provided by authorized employees of the Secretary, and other persons licensed by the Secretary to perform official inspection functions, as provided in section 84 of this title, until such time as the service can be provided on a regular basis by an official agency.
The Secretary is authorized to cause official inspection under this chapter to be made, as provided in subsection (a) of section 77 of this title, in Canadian ports of United States export grain transshipped through Canadian ports, and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such inspection. All or specified functions of such inspections shall be performed by official inspection personnel employed by the Secretary or, except for appeals, by persons operating under a contract with the Secretary or as otherwise provided by agreement with the Canadian Government.
1So in original. Probably should be "the Secretary's".
7 U.S.C. § 79
EDITORIAL NOTES
CODIFICATIONSection as originally enacted was composed of part of section 7 of part B of act Aug. 11, 1916. Other provisions of section 7 were classified to former sections 80 to 83 of this title.In subsec. (c), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)" on authority of Pub. L. 107-217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS2020-Subsec. (e)(2)(C)(i). Pub. L. 116-216, §2(1), inserted "and affected customers or applicants for service of official inspection or weighing services provided by the State agency" after "notify the Secretary".Subsec. (j)(5). Pub. L. 116-216, §2(2), substituted "2025" for "2020". 2018-Subsec. (f)(1)(C). Pub. L. 115-334, §12610(c), realigned margins.Subsec. (f)(2). Pub. L. 115-334, §12610(a)(1), inserted subpar. (A) designation and heading before "Not more" and subpar. (B) designation and heading before "the Secretary determines" in introductory provisions, substituted "Subject to subparagraph (B), not more" for "Not more" and "Secretary." for "Secretary, except that, if" in subpar. (A) and "Subject to subsection (g)(4)(A), if the Secretary determines" for "the Secretary determines" in introductory provisions of subpar. (B), redesignated former subpars. (A), (B), and (C) as cls. (i), (iii), and (iv), respectively, of subpar. (B), added cl. (ii) of subpar. (B) and subpars. (C) and (D), and realigned margins.Subsec. (g)(4). Pub. L. 115-334, §12610(a)(2), added par. (4).2015-Subsec. (e)(2). Pub. L. 114-54, §301(b)(1), inserted heading, designated existing provisions as subpar. (A) and inserted subpar. heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and former cls. (i) to (iii) of subpar. (B) as subcls. (I) to (III), respectively, of cl. (ii), and added subpars. (B) and (C).Subsec. (f)(1)(C). Pub. L. 114-54, §301(b)(2), added subpar. (C).Subsec. (f)(2). Pub. L. 114-54, §301(b)(3)(A), in introductory provisions, substituted "the Secretary shall allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if-" for "the Secretary may-", added subpars. (A) to (C), and struck out former subpars. (A) and (B) which related to more than one designated official agency carrying out inspections in the same geographic area and a designated official agency crossing boundary lines to carry out inspections in another geographic area. Subsec. (g)(1). Pub. L. 114-54, §301(b)(4), substituted "every 5 years" for "triennially".Subsec. (j). Pub. L. 114-54, §301(b)(5)(A), inserted heading.Subsec. (j)(1). Pub. L. 114-54, §301(b)(5)(A), (B), inserted heading, designated first to third sentences as subpars. (A) to (C), respectively, and inserted subpar. headings, in subpar. (C), substituted "Fees described in this paragraph" for "Such fees", and added subpar. (D).Subsec. (j)(4). Pub. L. 114-54, §301(b)(5)(D), added par. (4). Former par. (4) redesignated (5). Subsec. (j)(5). Pub. L. 114-54, §301(b)(5)(C), (E), redesignated par. (4) as (5) and substituted "2020" for "2015". 2005-Subsec. (j)(4). Pub. L. 109-83 substituted "2015" for "2005".2004-Subsec. (e)(3). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office".2000-Subsec. (f)(2). Pub. L. 106-472, §102(a), added heading and text of par. (2) and struck out former par. (2) which read as follows: "Not more than one official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter shall be operative at one time for any geographic area as determined by the Secretary to effectuate the objectives stated in section 74 of this title, except that the Secretary may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title."Subsec. (j)(4). Pub. L. 106-472, §103(a), substituted "2005" for "2000" in first sentence. 1994- Pub. L. 103-354 substituted "supervision by the Secretary of the Secretary's field office personnel" for "supervision of Service personnel of its field office personnel" in first sentence of subsec. (j)(2) and substituted "Secretary" for "Administrator" and "Service" wherever appearing.1993- Pub. L. 103-156, §12(d), which directed amendment of "Section 7", without specifying the name of the Act being amended, was executed to this section, which is section 7 of the United States Grain Standards Act, to reflect the probable intent of Congress. Subsec. (a). Pub. L. 103-156, §12(d)(1), substituted "regulations as the Administrator" for "regulations as he".Subsec. (b). Pub. L. 103-156, §12(d)(2), substituted "regulations as the Administrator" for "regulations as he" and "the judgment of the Administrator" for "his judgment".Subsec. (e)(2). Pub. L. 103-156, §12(d)(3), substituted "oversight as the Administrator" for "oversight as he" and "the discretion of the Administrator" for "his discretion". Subsec. (f)(1)(A)(vi). Pub. L. 103-156, §4(a)(1), substituted "of the State" for "or other agricultural programs operated by the State". Subsec. (f)(2). Pub. L. 103-156, §5(a), inserted before period at end ",except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out inspections within a single geographical area without undermining the policy stated in section 74 of this title". Subsec. (i). Pub. L. 103-156, §4(a)(2), inserted before period at end "or as otherwise provided by agreement with the Canadian Government". Subsec. (j)(4). Pub. L. 103-156, §14(a), added par. (4). 1988-Subsec. (j). Pub. L. 100-518 reenacted subsec. (j) without change.1984-Subsec. (j)(3). Pub. L. 98-469 temporarily added par. (3). See Effective and Termination Dates of 1984 Amendment note below.1981-Subsec. (e)(2). Pub. L. 97-98 inserted provision authorizing the Administrator to delegate authority to perform grain inspection functions at export port locations to any State agency that performed official inspection at an export port location at any time prior to July 1, 1976, was designated under subsec. (f) of this section on Dec. 22, 1981, to perform inspections at locations other than export port locations, and operates in a State from which the total annual exports of grain do not exceed 5 per centum of the total amount of grain exported from the United States.Subsec. (j). Pub. L. 97-35 temporarily designated existing provisions as par. (1), made changes in nomenclature and provided for inclusion, rather than exclusion, of administrative and supervisory costs, and added par. (2). See Effective and Termination Dates of 1981 Amendments note below.1977-Subsec. (b). Pub. L. 95-113, §1606(d), struck out reference to a determination of the quantity of sacks of grain.Subsec. (e). Pub. L. 95-113, §1604(d)(1), designated as par. (4) provisions, formerly forming a part of par. (2), authorizing the Administrator to provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States be inspected in the manner provided in this subsection or subsec. (f) of this section, as the Administrator determines best meets the objectives of this chapter.Subsec. (f)(2). Pub. L. 95-113, §1604(d)(2), substituted "official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the inspection provisions of this chapter" for "official agency for carrying out the provisions of this chapter", struck out ",but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968" after "section 74 of this title", and redesignated other existing provisions as pars. (3) and (4). Subsec. (f)(3). Pub. L. 95-113, §1604(d)(2)(B), (C), redesignated a portion of existing par. (2) as (3) and substituted "Except as authorized by the Administrator, no" for "No".Subsec. (f)(4). Pub. L. 95-113, §1604(d)(2)(D), redesignated a portion of existing par. (2) as (4).Subsec. (g)(1). Pub. L. 95-113, §1604(d)(3), substituted "prescribed in subsection (f)" for "prescribed in subsections (e) and (f)".Subsec. (i). Pub. L. 95-113, §1604(d)(4), inserted provision that all or specified functions of the inspections be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service. Subsec. (j). Pub. L. 95-113, §1602(a), revised provisions relating to fees so as to remove requirement that field supervision of inspection be supported by fees.1976-Subsec. (a). Pub. L. 94-582, §8(1), formerly §8(a)(1), as renumbered by Pub. L. 106-472, §110(a)(1), substituted "Administrator" for "Secretary". Subsec. (b). Pub. L. 94-582, §8(1), (2), formerly §8(a)(1), (2), as renumbered by Pub. L. 106-472, §110(a)(1), substituted "Administrator" for "Secretary" in two places and struck out from first sentence "or with respect to United States grain in Canadian ports" after "within the United States".Subsec. (c). Pub. L. 94-582, §8(1), (3), formerly §8(a)(1), (3), as renumbered by Pub. L. 106-472, §110(a)(1), substituted "Administrator" for "Secretary" in two places; and substituted "Service" for "Department of Agriculture" and "cancellation and surrender" for "cancellation" and required regulation provision for use of standard forms for official certificates, respectively. Subsec. (d). Pub. L. 94-582, §8(4), formerly §8(a)(4), as renumbered by Pub. L. 106-472, §110(a)(1), substituted "Official certificates setting out the results of official inspection" for "Certificates".Subsec. (e). Pub. L. 94-582, §8(5), formerly §8(a)(5), as renumbered by Pub. L. 106-472, §110(a)(1), added subsec. (e) and struck out former subsec. (e) which authorized charging and collection of reasonable fees to cover cost of official inspection and to cover costs of Department of Agriculture incident to performance of appeal and Canadian port inspection services for which fees are collected, including supervisory and administrative costs, and for deposit of fees and proceeds from sale of samples obtained for purposes of official inspection which become property of the United States into a fund to be available without fiscal year limitation for expenses of the Department of Agriculture incident to providing official inspection services. Fee provisions are now covered in subsec. (j)(2) of this section.Subsec. (f). Pub. L. 94-582, §8(5), formerly §8(a)(5), as renumbered by Pub. L. 106-472, §110(a)(1), added par. (1) and second and third sentences of par. (2), and designated existing provisions as par. (2), substituting "one official agency for carrying out the provisions of this chapter shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 74 of this title" for "one inspection agency for carrying out the provisions of this section shall be operative at one time for any one city, town, or other area".Subsecs. (g) to (j). Pub. L. 94-582, §8(5), formerly §8(a)(5), as renumbered by Pub. L. 106-472, §110(a)(1), added subsecs. (g) to (j). 1968- Pub. L. 90-487 substituted provisions covering the authority and funding of official inspections for provisions covering the licensing of inspectors and the utilization by the Secretary of Agriculture of State inspectors.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109-83, §1(b), Sept. 30, 2005, 119 Stat. 2053, provided that: "The amendments made by subsection (a) [amending this section and sections 79a, 79d, 87h, and 87j of this title] take effect on September 30, 2005."
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-472, title I, §111, Nov. 9, 2000, 114 Stat. 2061, provided that: "The amendments made by sections 103, 105, 108, and 109 [amending this section and sections 79a, 79d, 87h, and 87j of this title] shall take effect as if enacted on September 30, 2000."
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTThat part of section 2 of Pub. L. 100-518 which provided that the amendment made by Pub. L. 100-518 was effective for period Oct. 1, 1988, through Sept. 30, 1993, inclusive, was repealed by Pub. L. 103-156, §§13(a), Nov. 24, 1993, 16, Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993.
EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENT Pub. L. 98-469, §2, Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub. L. 98-469 is effective for period beginning Oct. 11, 1984, and ending Sept. 30, 1988.
EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENTPub. L. 97-98, title XI, §1113(b), Dec. 22, 1981, 95 Stat. 1268, provided that: "The provisions of this section [amending this section] shall become effective one hundred and eighty days after enactment of this Act [Dec. 22, 1981]." Pub. L. 97-35, title I, §155, Aug. 13, 1981, 95 Stat. 371, as amended by Pub. L. 98-469, §1, Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub. L. 97-35 is effective for period beginning Oct. 1, 1981, and ending Sept. 30, 1988.
EFFECTIVE DATE OF 1977 AMENDMENT 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.
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582 as amended, set out as a note under section 74 of this title.
EFFECTIVE DATE OF 1968 AMENDMENTFor effective date of amendment by Pub. L. 90-487 see section 2 of Pub. L. 90-487 set out as a note under section 78 of this title.
INVESTIGATIONS AND STUDIES OF GRAIN INSPECTION AND WEIGHING IN INTERIOR OF UNITED STATES; COMPLETION OF STUDIES AND SUBMISSION OF REPORTS BY MAY 20, 1979, AND NOV. 20, 1979, RESPECTIVELYPub. L. 94-582, §8(b), Oct. 21, 1976, 90 Stat. 2874, as amended by Pub. L. 95-113, title XVI, §§1605(a), 1607(a), Sept. 29, 1977, 91 Stat. 1029, 1031, which directed the Administrator of the Federal Grain Inspection Service, the Director of the Office of Investigation of the United States Department of Agriculture, and the Comptroller General of the United States to severally conduct investigations into and study grain inspection and weighing in the interior of the United States, and required the Administrator and Director to submit reports to Congress not later than 30 months after Oct. 21, 1976, and the Comptroller General to submit a report not later than three years after Oct. 21, 1976, was repealed by Pub. L. 106-472, title I, §110(a)(2), Nov. 9, 2000, 114 Stat. 2060.
- Department of Agriculture
- the term "Department of Agriculture" means the United States Department of Agriculture;
- Secretary
- the term "Secretary" means the Secretary of Agriculture of the United States or delegates of the Secretary;
- State
- the term "State" means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia);
- United States
- the term "United States" means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia);
- export grain
- the term "export grain" means grain for shipment from the United States to any place outside thereof;
- export port location
- the term "export port location" means a commonly recognized port of export in the United States or Canada, as determined by the Secretary, from which grain produced in the United States is shipped to any place outside the United States;
- grain
- the term "grain" means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under section 76 of this title;
- interested person
- the term "interested person" means any person having a contract or other financial interest in grain as the owner, seller, purchaser, warehouseman, or carrier, or otherwise;
- lot
- the term "lot" means a specific quantity of grain identified as such;
- official agency
- the term "official agency" means any State or local governmental agency, or any person, designated by the Secretary pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing);
- official inspection personnel
- the term "official inspection personnel" means persons licensed or otherwise authorized by the Secretary pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing;
- official inspection
- the term "official inspection" means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or other facts relating to grain under other criteria approved by the Secretary under this chapter (the term "officially inspected" shall be construed accordingly);
- official sample
- the term "official sample" means a sample obtained from a lot of grain by, and submitted for official inspection by, official inspection personnel (the term "official sampling" shall be construed accordingly);
- person
- the term "person" means any individual, partnership, corporation, association, or other business entity;
- submitted sample
- the term "submitted sample" means a sample submitted by or for an interested person for official inspection, other than an official sample;