Chapter 3, Section 79, Subsection (e) · 7 U.S.C. Chapter 3

Contents

(a) Grain required to be officially inspected2 changes
(b) Inspections made pursuant to request of interested persons3 changes
(c) Reinspections and appeals; cancellation of superseded certificates; sale of samples1 change
(d) Official certificates as evidence1 change
(e) Official inspection at export port locations; delegation of authority to State agencies7 changes
(f) Official inspections at other than export port locations; designation of agencies or persons to conduct official inspections11 changes
(g) Termination, renewal, amendment, cancellation, and revocation of designations of official agencies3 changes
(h) Official inspections at locations other than export port locations when designated official agencies are not available
(i) Official inspections in Canadian ports2 changes
(j) Fees12 changes

(e)

(1)Except as otherwise provided in paragraph (2) of this subsection, the Secretary shall cause official inspection at export port locations, for all grain required or authorized to be inspected by this chapter, to be performed by official inspection personnel employed by the Secretary or other persons under contract with the Secretary as provided in section 84 of this title.

(2)

(A)If the Secretary determines, pursuant to paragraph (3) of this subsection, that a State agency is qualified to perform official inspection, meets the criteria in subsection (f)(1)(A) of this section, and (i) was performing official inspection at an export port location under this chapter on July 1, 1976, or (ii)(I) performed official inspection at an export port location at any time prior to July 1, 1976, (II) was designated under subsection (f) of this section on December 22, 1982, to perform official inspections at locations other than export port locations, and (III) operates in a State from which total annual exports of grain do not exceed, as determined by the Secretary, 5 per centum of the total amount of grain exported from the United States annually, the Secretary may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) at export port locations within the State, including export port locations which may in the future be established, subject to such rules, regulations, instructions, and oversight as the Secretary may prescribe, and any such official inspection shall continue to be the direct responsibility of the Secretary. Any such delegation may be revoked by the Secretary, at the discretion of the Secretary, at any time upon notice to the State agency without opportunity for a hearing.

(B)

(i)Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A).

(ii)Not later than 1 year after September 30, 2015, the Secretary shall establish a process for certification under which the Secretary shall—

(I)publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment;

(II)evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified;

(III)make findings based on the public comments received and investigation conducted; and

(IV)publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision.

(C)

(i)If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary and affected customers or applicants for service of official inspection or weighing services provided by the State agency in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date.

(ii)The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph.

(3)Prior to delegating authority to a State agency for the performance of official inspection at export port locations pursuant to paragraph (2) of this subsection, the Secretary shall (A) conduct an investigation to determine whether such agency is qualified, and (B) make findings based on such investigation. In conducting the investigation, the Secretary shall consult with, and review the available files of the Department of Justice, the Office of Investigation of the Department of Agriculture (or such other organization or agency within the Department of Agriculture which may be delegated the authority, in lieu thereof, to conduct investigations on behalf of the Department of Agriculture), and the Government Accountability Office.

(4)The Secretary may 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 shall be inspected in the manner provided in this subsection or subsection (f) of this section, as the Secretary determines will best meet the objectives of this chapter.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 26

Show every defined term

deceptive loading, handling, weighing, or sampling
means any manner of loading, handling, weighing, or sampling that deceives or tends to deceive official inspection personnel, as specified by regulations of the Secretary under this chapter;
Department of Agriculture
means the United States Department of Agriculture;
eligible grain handling facility
means a grain handling facility that—
export elevator
means any grain elevator, warehouse, or other storage or handling facility in the United States as determined by the Secretary, from which grain is shipped from the United States to an area outside thereof;
export grain
means grain for shipment from the United States to any place outside thereof;
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
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
means any person having a contract or other financial interest in grain as the owner, seller, purchaser, warehouseman, or carrier, or otherwise;
interstate or foreign commerce
means commerce from any State to or through any other State, or to or through any foreign country;
intracompany shipment
means the shipment, within the United States, of grain lots between facilities owned or controlled by the person owning the grain.
lot
means a specific quantity of grain identified as such;
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 grade designation
means a numerical or sample grade designation, specified in the standards relating to kind, class, quality, and condition of grain, provided for in this chapter;
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;
official inspection or weighing service
means official inspection, official weighing, supervision of weighing, supervision of agency personnel, supervision of the field office personnel of the Secretary, testing of equipment or instruments, other services, or registration, the cost to the Secretary of which is authorized to be covered by the collection of a user fee pursuant to section 79, 79a, 79b, 87e, or 87f–1 of this title, as applicable.
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 mark
means any symbol prescribed by regulations of the Secretary to show the official determination of official inspection or official weighing;
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);
official weighing
means the determination and certification by official inspection personnel of the quantity of a lot of grain under standards provided for in this chapter, based on the actual performance of weighing or the physical supervision thereof, including the physical inspection and testing for accuracy of the weights and scales and the physical inspection of the premises at which the weighing is performed and the monitoring of the discharge of grain into the elevator or conveyance (the terms “officially weigh” and “officially weighed” shall be construed accordingly);
person
means any individual, partnership, corporation, association, or other business entity;
Secretary
means the Secretary of Agriculture of the United States or delegates of the Secretary;
State
means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia);
submitted sample
means a sample submitted by or for an interested person for official inspection, other than an official sample;
supervision of weighing
means such supervision by official inspection personnel of the grain-weighing process as is determined by the Secretary 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;
United States
means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia);
user fee
means a fee collected by the Secretary under section 79, 79a, 79b, 87e, or 87f–1 of this title.