7 USC § 78 - Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States
(a)
Whenever standards relating to kind, class, quality, or condition of grain are effective under section
76 of this title for any grain no person shall in any sale, offer for sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade.
(a)
Whenever standards relating to kind, class, quality, or condition of grain are effective under section
76 of this title for any grain no person shall in any sale, offer for sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade.
Source
(Aug. 11, 1916, ch. 313, pt. B, § 6,39 Stat. 484; Pub. L. 85–509, July 11, 1958, 72 Stat. 352; Pub. L. 90–487, § 1,Aug. 15, 1968, 82 Stat. 763; Pub. L. 94–582, § 7,Oct. 21, 1976, 90 Stat. 2870; Pub. L. 95–113, title XVI, § 1606(c),Sept. 29, 1977, 91 Stat. 1030.)
Amendments
1977—Subsec. (a). Pub. L. 95–113substituted “criteria” for “factor information”.
1976—Subsec. (a). Pub. L. 94–582substituted “standards relating to kind, class, quality, or condition of grain” for “standards”.
1968—Pub. L. 90–487substituted provisions requiring the use of official grade designations and prohibiting the use of false or misleading description of grain shipped out of the United States, for provisions allowing the appeal to the Secretary from official grading, authorizing the payment of additional fees for employees required in making appeal inspections, and making the findings prima facie evidence of the grain’s true grade.
1958—Pub. L. 85–509authorized payment of employees assigned to perform appeal inspection for all overtime, night, or holiday work, and permitted acceptance of reimbursement for any sums paid for such work.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–113effective Oct. 1, 1977, see section 1901 ofPub. L. 95–113, set out as a note under section
1307 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–582effective 30 days after Oct. 21, 1976, see section 27 ofPub. L. 94–582, as amended, set out as a note under section
74 of this title.
Effective Date of 1968 Amendment
Section 2 ofPub. L. 90–487provided that: “This Act [amending this section and sections
71,
74,
75,
76,
77,
79,
84,
85,
86, and
87 of this title and enacting sections
87a to
87h of this title] shall become effective one hundred and eighty days after enactment hereof [Aug. 15, 1968], except that the repeal of the mandatory inspection provisions with respect to grain shipped or delivered for shipment in interstate commerce shall become effective thirty days after enactment hereof, and the provisions of sections 6(a) and 13(a)(5) of the United States Grain Standards Act, as amended by this Act [subsec. (a) of this section and section
87b
(a)(5) of this title] shall then become effective with respect to such grain.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 7 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|
This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.
