Source
(Aug. 11, 1916, ch. 313, pt. B, § 7, 39 Stat. 484; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94–582, § 8, formerly § 8(a), Oct. 21, 1976, 90 Stat. 2870, renumbered Pub. L. 106–472, title I, § 110(a)(1), Nov. 9, 2000, 114 Stat. 2060; Pub. L. 95–113, title XVI, §§ 1602(a),
1604
(d),
1606
(d), Sept. 29, 1977, 91 Stat. 1025, 1027, 1030; Pub. L. 97–35, title I, § 155(1), Aug. 13, 1981, 95 Stat. 371; Pub. L. 97–98, title IX, § 1113(a), Dec. 22, 1981, 95 Stat. 1268; Pub. L. 98–469, § 2(1), Oct. 11, 1984, 98 Stat. 1831; Pub. L. 100–518, § 2(1), Oct. 24, 1988, 102 Stat. 2584; Pub. L. 103–156, §§ 4(a),
5
(a),
12
(d),
14
(a), Nov. 24, 1993, 107 Stat. 1525, 1526, 1528, 1529; Pub. L. 103–354, title II, § 293(a)(4), (7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, §§ 102(a),
103
(a), Nov. 9, 2000, 114 Stat. 2059, 2060; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053.)
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (c), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (§ 251 et seq.) of chapter
4 of Title
41, Public Contracts, the Act was repealed and reenacted by
Pub. L. 107–217, §§ 1,
6
(b), Aug. 21, 2002,
116 Stat. 1062, 1304, as chapters 1 to 11 of Title
40, Public Buildings, Property, and Works.
Codification
Section as originally enacted was composed of part of section 7 of part B of act Aug. 11, 1916.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.
Amendments
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.
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 Amendment
That 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),
16
(b), Nov. 24, 1993,
107 Stat. 1529, 1530, eff. Sept. 30, 1993.
Effective and Termination Dates of 1984 Amendment
Section 2 of
Pub. L. 98–469 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 Amendments
Section 1113(b) of
Pub. L. 97–98 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].”
Section 155 of
Pub. L. 97–35, 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 Amendment
For 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, Respectively
Section 8(b) of
Pub. L. 94–582, 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.