7 U.S.C. § 87e — General authorities

submitted 110 years ago by Pub. L. 90-487 to r/title-7-AGRICULTURE · 1,049 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can investigate, hold hearings, demand reports, and write rules to run the grain inspection system. This includes requiring equipment, approving carriers, and letting interested parties watch inspections. The Secretary can also charge fees for extra testing and services, deposited into a dedicated fund.

(a) Secretary's authority: The Secretary can investigate, hold hearings, demand reports from any official agency, delegated state agency, licensee, or other person, and write rules, regulations, and instructions needed to carry out this chapter. These regulations may require, among other things, (1) that grain elevators, warehouses, and handling facilities install specific sampling, handling, weighing, and monitoring equipment; (2) that vessels and other carriers or containers get Secretary approval before transporting or storing grain; and (3) that people with a financial interest in the grain being inspected, or their agents, get a chance to watch the weighing, loading, and inspection, under conditions the Secretary sets. Whether a certificate, form, claim, or description is false, incorrect, or misleading is decided using tests under procedures the Secretary adopts, when the facts can be determined that way. License proceedings under section 85 don't have to follow the formal hearing procedures in 5 U.S.C. §§554, 556, and 557, unless the person facing action asks for them. (b) Investigating complaints: The Secretary can investigate reports or complaints about problems and abuses in official grain inspection and weighing, and must set regulations for (1) promptly investigating foreign buyers' complaints about U.S. inspection or weighing, canceled export contracts for grain that was supposed to be inspected or weighed under this chapter, and any complaint about how this chapter is administered, and (2) taking appropriate action based on what those investigations find. (c) Monitoring grain abroad: The Secretary can send inspection personnel to monitor, in major grain-importing foreign countries, U.S. grain as it arrives, checking whether it still matches the kind, class, quality, condition, and quantity it was certified as when inspected and weighed in the U.S., accounting for how it was handled and shipped. (d) Office of Investigation: The Agriculture Department's Office of Investigation, or another office given this job instead, must conduct whatever investigations into how this chapter is run that its Director considers necessary to keep the inspection and weighing system honest. (e) Research program: The Secretary can run an ongoing research program, working with other Agriculture Department agencies, to find better ways to make grain grading more accurate and consistent. (f) Enough staff: To keep grain moving normally and on time at all inspection points, consistent with the policy in section 74, the Secretary must provide enough staff to meet the inspection and weighing workload, regardless of any other law. (g) Testing other weighing equipment: (1) The Secretary can test weighing equipment used for things other than weighing grain, following set regulations, for a reasonable fee that roughly covers the testing's cost. (2) This testing cannot interfere with the goals in section 74. (h) Testing grain inspection instruments: (1) The Secretary can test grain inspection instruments used for commercial inspection, under regulations, for a reasonable cost-covering fee. (2) This testing also cannot interfere with section 74's goals. (i) Other fee-based services: (1) The Secretary can perform other services it considers appropriate, under its own regulations. (2) Beyond the fees already allowed under sections 79, 79a, 79b, 87f–1, and this section, the Secretary must charge reasonable fees to cover the cost of these other services, except standardization and foreign monitoring work. (3) As far as practical, these fees, plus any proceeds from selling samples, should cover the full cost — including administrative and supervisory costs — of these other services. (j) Where fees go: Fees collected under (g), (h), and (i) go into the fund created under section 79(j). (k) Official courtesies: The Secretary can extend appropriate courtesies to official representatives of foreign countries, to build and maintain relationships supporting the policy in section 74. Any gift given or accepted this way cannot be worth more than $20.

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

(a) Authority of Secretary

The Secretary is authorized to conduct such investigations; hold such hearings; require such reports from any official agency, any State agency delegated authority under this chapter, licensee, or other person; and prescribe such rules, regulations, and instructions, as the Secretary deems necessary to effectuate the purposes or provisions of this chapter. Such regulations may require, as a condition for official inspection or official weighing or supervision of weighing, among other things, (1) that there be installed specified sampling, handling, weighing, and monitoring equipment in grain elevators, warehouses, and other grain storage or handling facilities, (2) that approval of the Secretary be obtained as to the condition of vessels and other carriers or receptacles for the transporting or storing of grain, and (3) that persons having a financial interest in the grain which is to be inspected (or their agents) shall be afforded an opportunity to observe the weighing, loading, and official inspection thereof, under conditions prescribed by the Secretary. Whether any certificate, other form, representation, designation, or other description is false, incorrect, or misleading within the meaning of this chapter shall be determined by tests made in accordance with such procedures as the Secretary may adopt to effectuate the objectives of this chapter, if the relevant facts are determinable by such tests. Proceedings under section 85 of this title for refusal to renew, or for suspension or revocation of, a license shall not, unless requested by the respondent, be subject to the administrative procedure provisions in sections 554, 556, and 557 of title 5.

(b) Investigation of reports or complaints of discrepancies and abuses in official inspection or weighing of grain

The Secretary is authorized to investigate reports or complaints of discrepancies and abuses in the official inspection and weighing of grain under this chapter. The Secretary shall prescribe by regulation procedures for (1) promptly investigating (A) complaints of foreign grain purchasers regarding the official inspection or official weighing of grain shipped from the United States, (B) the cancellation of contracts for the export sale of grain required to be inspected or weighed under this chapter, and (C) any complaint regarding the operation or administration of this chapter or any official transaction with which this chapter is concerned; and (2) taking appropriate action on the basis of the findings of any investigation of such complaints.

The Secretary is authorized to cause official inspection personnel to monitor in foreign nations which are substantial importers of grain from the United States, grain imported from the United States upon its entry into the foreign nation, to determine whether such grain is of a comparable kind, class, quality, and condition after considering the handling methods and conveyance utilized at the time of loading, and the same quantity that it was certified to be upon official inspection and official weighing in the United States.

(d) Authority of Office of Investigation of Department of Agriculture

The Office of Investigation of the Department of Agriculture (or such other organization or agency within the Department of Agriculture which may be delegated the authority, in lieu thereof, to conduct investigations on behalf of the Department of Agriculture) shall conduct such investigations regarding the operation or administration of this chapter or any official transaction with which this chapter is concerned, as the Director thereof deems necessary to assure the integrity of official inspection and weighing under this chapter.

(e) Research program to develop methods of improving accuracy and uniformity in grading grain

The Secretary is authorized to conduct, in cooperation with other agencies within the Department of Agriculture, a continuing research program for the purpose of developing methods to improve accuracy and uniformity in grading grain.

(f) Adequate personnel to meet inspection and weighing requirements

To assure the normal movement of grain at all inspection points in a timely manner consistent with the policy expressed in section 74 of this title, the Secretary shall, notwithstanding any other provision of law, provide adequate personnel to meet the inspection and weighing requirements of this chapter.

(g) Testing of certain weighing equipment

(1)

Subject to paragraph (2), the Secretary may provide for the testing of weighing equipment used for purposes other than weighing grain. The testing shall be performed—

(A)

in accordance with such regulations as the Secretary may prescribe; and

(B)

for a reasonable fee established by regulation or contractual agreement and sufficient to cover, as nearly as practicable, the estimated costs of the testing performed.

(2)

Testing performed under paragraph (1) may not conflict with or impede the objectives specified in section 74 of this title.

(h) Testing of grain inspection instruments

(1)

Subject to paragraph (2), the Secretary may provide for the testing of grain inspection instruments used for commercial inspection. The testing shall be performed—

(A)

in accordance with such regulations as the Secretary may prescribe; and

(B)

for a reasonable fee established by regulation or contractual agreement and sufficient to cover, as nearly as practicable, the estimated costs of the testing performed.

(2)

Testing performed under paragraph (1) may not conflict with or impede the objectives specified in section 74 of this title.

(i) Additional for fee services

(1)

In accordance with such regulations as the Secretary may provide, the Secretary may perform such other services as the Secretary considers to be appropriate.

(2)

In addition to the fees authorized by sections 79, 79a, 79b, and 87f–1 of this title, and this section, the Secretary shall collect reasonable fees to cover the estimated costs of services performed under paragraph (1) other than standardization and foreign monitoring activities.

(3)

To the extent practicable, the fees collected under paragraph (2), together with any proceeds from the sale of any samples, shall cover the costs, including administrative and supervisory costs, of services performed under paragraph (1).

(j) Deposit of fees

Fees collected under subsections (g), (h), and (i) shall be deposited into the fund created under section 79(j) of this title.

(k) Official courtesies

The Secretary may extend appropriate courtesies to official representatives of foreign countries in order to establish and maintain relationships to carry out the policy stated in section 74 of this title. No gift offered or accepted pursuant to this subsection shall exceed $20 in value.

Source credit: (Aug. 11, 1916, ch. 313, pt. B, § 16, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 94–582, § 18, Oct. 21, 1976, 90 Stat. 2884; Pub. L. 95–113, title XVI, §§ 1604(k), 1606(i), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 102–237, title X, § 1007(2), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103–156, § 9, Nov. 24, 1993, 107 Stat. 1527; Pub. L. 103–354, title II, § 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)

history & why it existsrecord from the source credit

1916Enacted · Pub. L. 90-487 · 82 Stat. 768
1976Amended · Pub. L. 94-582 · 90 Stat. 2884
1977Amended · Pub. L. 95-113 · 91 Stat. 1029, 1030
1991Amended · Pub. L. 102-237 · 105 Stat. 1897
1993Amended · Pub. L. 103-156 · 107 Stat. 1527
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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