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7 U.S.C. § 77Official inspection and weighing requirements; waiver; supervision by representatives of Secretary

submitted 110 years ago by ch. 313 to r/title-7-AGRICULTURE · 657 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets rules for inspecting and weighing grain shipped out of the United States. Exporters must get official inspection and weighing certificates, though the Secretary of Agriculture can waive some requirements. The Secretary must also test exported corn for aflatoxin and report quickly if inspections are disrupted.

(a) Official samples and certificates; waiver; excepted grains (1) If a grain has official standards under section 76, no one may ship a lot of that grain from the U.S. to another country unless it has been officially weighed and inspected. The shipper must give the buyer an official certificate showing the grade and weight, along with the shipping papers. But the Secretary must waive this rule in emergencies or other situations that would not hurt the law's goals, if both parties to the shipping contract agree to skip inspection and tell the Secretary before shipping. The Secretary must also waive the inspection requirement if the parties agree in their contract to ship the grain without inspection -- but only when the grain is not sold, offered, or consigned by grade -- and they give the Secretary a copy of the contract before shipping. (2) Except in emergencies or situations the Secretary decides won't hurt the law's goals, all grain moving into or out of an export elevator at an export port must be officially weighed. But grain arriving at an export elevator, or leaving one for a U.S. destination, does not need official weighing unless the shipper or receiver asks for it. (3) Unless the Secretary allows otherwise, whenever grain is both inspected and weighed while moving into or out of a grain elevator, warehouse, or storage facility, an official certificate must show both the grade and the weight. (b) Supervision by representatives of Secretary All official inspecting and weighing -- whether done by the Secretary's own employees or by anyone else licensed under section 84 -- must be supervised by the Secretary's representatives, following the Secretary's regulations. (c) Testing for aflatoxin contamination of corn shipped in foreign commerce The Secretary must require testing of all corn exported from the U.S. for aflatoxin contamination, unless the buyer and seller's export contract says testing will not be done. (d) Disruption in grain inspection or weighing If official grain inspections or weighings are disrupted -- including when the Secretary waives inspection because of an emergency under (a)(1) -- the Secretary must: (1) act immediately to fix the disruption and get inspections or weighings going again; (2) within 24 hours of the disruption starting, send a report to the House and Senate Agriculture Committees describing the disruption and what needs to happen so inspections or weighings can resume; and (3) after that first report, give daily updates until inspection or weighing services resume at that location.
the actual law source: uscode.house.gov ↗public domain
(a) Official samples and certificates; waiver; excepted grains

Whenever standards or procedures are effective under section 76 of this title for any grain

(1)

no person shall ship from the United States to any place outside thereof any lot of such grain, unless such lot is officially weighed and officially inspected in accordance with such standards or procedures, and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or the agent of the shipper, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Secretary shall waive the foregoing requirement in emergency or other circumstances that would not impair the objectives of this chapter whenever the parties to a contract for such shipment mutually agree to the waiver and documentation of such agreement is provided to the Secretary prior to shipment: Provided further, That the Secretary shall waive the requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Secretary prior to shipment;

(2)

except as the Secretary may provide in emergency or other circumstances which would not impair the objectives of this chapter, all other grain transferred out of and all grain transferred into an export elevator at an export port location shall be officially weighed in accordance with such standards or procedure: Provided, That, unless the shipper or receiver requests that the grain be officially weighed, shipments of grain into an export elevator by any mode of transportation and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed; and

(3)

except as otherwise authorized by the Secretary, whenever a lot of grain is both officially inspected and officially weighed while being transferred into or out of a grain elevator, warehouse, or other storage or handling facility, an official certificate shall be issued showing both the official grade designation and the certified weight of the lot of grain.

(b) Supervision by representatives of Secretary

All official inspection and official weighing, whether performed by authorized employees of the Secretary or any other person licensed under section 84 of this title, shall be supervised by representatives of the Secretary, in accordance with such regulations as the Secretary may provide.

(c) Testing for aflatoxin contamination of corn shipped in foreign commerce

The Secretary is authorized and directed to require that all corn exported from the United States be tested to ascertain whether it exceeds acceptable levels of aflatoxin contamination, unless the contract for export between the buyer and seller stipulates that aflatoxin testing shall not be conducted.

(d) Disruption in grain inspection or weighing

In the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall—

(1)

immediately take such actions as are necessary to address the disruption and resume inspections or weighings;

(2)

not later than 24 hours after the start of the disruption in inspection or weighing, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes—

(A)

the disruption; and

(B)

any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and

(3)

once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed.

Source credit: (Aug. 11, 1916, ch. 313, pt. B, § 5, 39 Stat. 483; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 763; Pub. L. 94–582, § 6, Oct. 21, 1976, 90 Stat. 2869; Pub. L. 95–113, title XVI, § 1606(b), Sept. 29, 1977, 91 Stat. 1030; Pub. L. 96–437, § 2, Oct. 13, 1980, 94 Stat. 1870; Pub. L. 101–624, title XX, § 2007, Nov. 28, 1990, 104 Stat. 3931; Pub. L. 103–156, § 12(c), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, § 293(a)(3), (7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 101, Nov. 9, 2000, 114 Stat. 2059; Pub. L. 114–54, title III, § 301(a), Sept. 30, 2015, 129 Stat. 516.)

history & why it existsrecord from the source credit
  • 1916Enacted · Act of Aug. 11, 1916, ch. 313 · 39 Stat. 483
  • 1968Amended · Pub. L. 90-487 · 82 Stat. 763
  • 1976Amended · Pub. L. 94-582 · 90 Stat. 2869
  • 1977Amended · Pub. L. 95-113 · 91 Stat. 1030
  • 1980Amended · Pub. L. 96-437 · 94 Stat. 1870
  • 1990Amended · Pub. L. 101-624 · 104 Stat. 3931
  • 1993Amended · Pub. L. 103-156 · 107 Stat. 1528
  • 1994Amended · Pub. L. 103-354 · 108 Stat. 3237
  • 2000Amended · Pub. L. 106-472 · 114 Stat. 2059
  • 2015Amended · Pub. L. 114-54 · 129 Stat. 516

A history note hasn’t been published yet. The record shows enactment by ch. 313 on 1916-08-11.

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