7 U.S.C. § 78 — Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States
submitted 110 years ago by ch. 313 to r/title-7-AGRICULTURE · 218 words · no verdicts yet
Sellers shipping graded grain across state or national borders must use the official grade name, not a made-up one. A brand name or a listed grade-factor description isn't treated as a grade claim. Sellers exporting grain from the U.S. can't knowingly use a false or misleading grade description.
(a) Once official standards for a grain's kind, class, quality, or condition take effect under section 76, anyone selling, offering to sell, or consigning that grain* for sale — where the sale involves shipping it across state* lines or internationally — cannot describe it by any grade in ads, price quotes, negotiations, sale contracts, invoices, bills of lading, other documents, or bag/container labels, except by using the official grade designation* (they may add other specified details too). There's an exception: describing the grain using a proprietary brand name or trademark that doesn't look like an official grade designation isn't treated as a "grade" claim, and neither is describing it — for interstate sales — using one or more of the official individual grade-factor designations, or other criteria, instead of the full grade name.
(b) For grain shipped from the United States* to somewhere outside the country, no one may knowingly describe that grain — by an official grade designation or any other description — in a way that is false* or misleading*.
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.
No person shall, in any sale, offer for sale, or consignment for sale, of any grain which involves the shipment of such grain from the United States to any place outside thereof, knowingly describe such grain by any official grade designation, or other description, which is false* or misleading*.
Source credit: (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.)
- 1916Enacted · Act of Aug. 11, 1916, ch. 313 · 39 Stat. 484
- 1958Amended · Pub. L. 85-509 · 72 Stat. 352
- 1968Amended · Pub. L. 90-487 · 82 Stat. 763
- 1976Amended · Pub. L. 94-582 · 90 Stat. 2870
- 1977Amended · Pub. L. 95-113 · 91 Stat. 1030
A history note hasn’t been published yet. The record shows enactment by ch. 313 on 1916-08-11.
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