7 U.S.C. § 87a — Records

submitted 110 years ago by Pub. L. 90-487 to r/title-7-AGRICULTURE · 477 words · no verdicts yet

in plain englishAI-generated · not legal advice

Grain inspectors, agencies, and licensees must keep grain samples and records for the Secretary to review. Records must generally be kept for 5 years, samples for up to 90 days, and some records for up to 8 years. The Secretary and government auditors can inspect these records anytime.

(a) Samples of grain: Every official agency, every delegated state agency, and every person licensed to do official inspection, weighing, or weighing supervision must keep samples of officially inspected grain, plus other records the Secretary requires by regulation, to administer and enforce this chapter. (b) How long to keep records: These agencies, states, and licensees must keep records for five years after the inspection, weighing, or transaction the record covers. Grain samples need to be kept only up to 90 days, with the exact period set by the Secretary after consulting the grain trade and considering local market needs; in specific cases, the Secretary can require certain records be kept up to three additional years — eight years total — if that's needed for effective enforcement. (c) Access and audits: These agencies, states, and licensees must let any authorized representative of the Secretary or the Comptroller General inspect and copy their records at reasonable times. The Secretary must periodically audit official agencies and delegated state agencies, in whatever manner and at whatever intervals the Secretary considers appropriate. (d) Records kept by grain-business people: Any state, local government, or person who owns or runs a commercial grain elevator, warehouse, or other storage or handling facility, or who trades grain other than as a producer, and who has obtained official inspection or weighing services, must keep complete and accurate records for however long the Secretary requires by regulation, and must let any authorized Secretary representative inspect and copy those records, and inspect any facility used for handling grain, at reasonable times.

the actual law source: uscode.house.gov ↗public domain

(a) Samples of grain

Every official agency, every State agency delegated authority under this chapter, and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this chapter shall maintain such samples of officially inspected grain and such other records as the Secretary may by regulation prescribe for the purpose of administration and enforcement of this chapter.

(b) Period of maintenance

Every official agency, every State agency delegated authority under this chapter, and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this chapter required to maintain records under this section shall keep such records for a period of five years after the inspection, weighing, or transaction, which is the subject of the record, occurred: Provided, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Secretary, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Secretary to be maintained for not more than three years in addition to the five-year period whenever in the judgment of the Secretary the retention of such records for the longer period is necessary for the effective administration and enforcement of this chapter.

(d) Maintenance of records by persons or entities receiving official inspection or weighing services; access to records and facilities

Every State, political subdivision thereof, or person who is the owner or operator of a commercial grain elevator, warehouse, or other storage or handling facility or is engaged in the merchandising of grain other than as a producer, and who, at any time, has obtained or obtains official inspection or weighing services shall maintain such complete and accurate records for such period of time as the Secretary may, by regulation, prescribe for the purpose of the administration and enforcement of this chapter, and permit any authorized representative of the Secretary, at all reasonable times, to have access to, and to copy, such records and to have access to any grain elevator, warehouse, or other storage or handling facility used by such persons for handling of grain.

Source credit: (Aug. 11, 1916, ch. 313, pt. B, § 12, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 766; amended Pub. L. 94–582, § 14, Oct. 21, 1976, 90 Stat. 2882; Pub. L. 95–113, title XVI, §§ 1601, 1604(i), Sept. 29, 1977, 91 Stat. 1024, 1029; Pub. L. 103–156, § 12(k), Nov. 24, 1993, 107 Stat. 1529; Pub. L. 103–354, title II, § 293(a)(5)–(7), Oct. 13, 1994, 108 Stat. 3237.)

history & why it existsrecord from the source credit

1916Enacted · Pub. L. 90-487 · 82 Stat. 766
1976Amended · Pub. L. 94-582 · 90 Stat. 2882
1977Amended · Pub. L. 95-113 · 91 Stat. 1024, 1029
1993Amended · Pub. L. 103-156 · 107 Stat. 1529
1994Amended · Pub. L. 103-354 · 108 Stat. 3237

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-487 on 1916-08-11.

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