7 U.S.C. § 87g

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 87g - Relation to State and local laws; separability

(a) No State or subdivision thereof may require the inspection or description in accordance with any standards of kind, class, quality, condition, or other characteristics of grain as a condition of shipment, or sale, of such grain in interstate or foreign commerce, or require any license for, or impose any other restrictions upon the performance of any official inspection or weighing function under this chapter by official inspection personnel. Otherwise nothing in this chapter shall invalidate any law or other provision of any State or subdivision thereof in the absence of a conflict with this chapter.

(b) If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.

7 U.S.C. § 87g

Aug. 11, 1916, ch. 313, pt. B, §18, as added Pub. L. 90-487, §1, Aug. 15, 1968, 82 Stat. 769; amended Pub. L. 94-582, §20, Oct. 21, 1976, 90 Stat. 2886.

EDITORIAL NOTES

AMENDMENTS1976-Subsec. (a). Pub. L. 94-582 substituted in first sentence "official inspection or weighing function" for "official inspection function".

STATUTORY NOTES AND RELATED SUBSIDIARIES

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 DATEFor 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.

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);
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;
interstate or foreign commerce: the term "interstate or foreign commerce" means commerce from any State to or through any other State, or to or through any foreign country;
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);
person: the term "person" means any individual, partnership, corporation, association, or other business entity;