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7 U.S.C. § 87f–1Registration requirements

submitted 110 years ago by Pub. L. 94-582 to r/title-7-AGRICULTURE · 719 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture must register everyone who regularly buys, handles, weighs, or transports grain for export. Registered businesses must report their identity, owners, and control relationships, and renew their certificate every year. The Secretary can suspend or revoke a certificate after a hearing, and charges fees to run the system.

(a) The Secretary of Agriculture must make rules to register everyone who is regularly in the business of buying grain for sale in foreign commerce, or handling, weighing, or transporting grain for sale in foreign commerce. Four kinds of people do not have to register: someone who only buys, handles, weighs, or transports grain for sale once in a while, not as a regular business; a grain producer who only occasionally sells or transports grain they bought; someone who hauls grain for pay but does not own any part of that grain; and someone who buys grain to feed animals or process it, not to resell it, as long as any resale is only occasional. (b) People who must register have to give the Secretary: the business's name and main address; the names of all its directors; the names of its main officers; the names of anyone who controls the business; a list of places where it does substantial business; and any other information the Secretary needs. If the registering person also controls a related business that buys, handles, weighs, or transports grain for sale in interstate commerce, they must give the same information about that business too. A person "controls" a business if they own 10 percent or more of it directly, or if they control another business or group of businesses that together own 10 percent or more of it. When counting that 10 percent, the law adds in ownership held by the person's spouse, minor children, and relatives who live in the same household. (c) The Secretary gives a certificate of registration to anyone who meets these rules, and the certificate must be renewed every year. If any of the required information changes, the certificate holder must tell the Secretary within 30 days of finding out. No one may buy grain for sale in foreign commerce, or handle, weigh, or transport grain in foreign commerce, without a valid, unsuspended, unrevoked certificate. (d) The Secretary can suspend or revoke a certificate, but only after giving the holder a hearing under the federal rules in sections 554, 556, and 557 of title 5. The Secretary can do this if the person violated this chapter or its regulations, or was convicted of a crime under title 18 involving the handling, weighing, or inspection of grain. (e) The Secretary must charge and collect fees from every registered person. The fees are set based on what it costs the Secretary to run the registration program, and the money goes into the fund described in section 79(j) of this title.
the actual law source: uscode.house.gov ↗public domain
(a) General requirement

The Secretary shall provide, by regulation, for the registration of all persons engaged in the business of buying grain for sale in foreign commerce, and in the business of handling, weighing, or transporting of grain for sale in foreign commerce. This section shall not apply to—

(1)

any person who only incidentally or occasionally buys for sale, or handles, weighs, or transports grain for sale and is not engaged in the regular business of buying grain for sale, or handling, weighing, or transporting grain for sale;

(2)

any producer of grain who only incidentally or occasionally sells or transports grain which the producer has purchased;

(3)

any person who transports grain for hire and does not own a financial interest in such grain; or

(4)

any person who buys grain for feeding or processing and not for the purpose of reselling and only incidentally or occasionally sells such grain as grain.

(b) Required information
(1)

All persons required to register under this chapter shall submit the following information to the Secretary:

(A)

the name and principal address of the business,

(B)

the names of all directors of such business,

(C)

the names of the principal officers of such business,

(D)

the names of all persons in a control relationship with respect to such business,

(E)

a list of locations where the business conducts substantial operations, and

(F)

such other information as the Secretary deems necessary to carry out the purposes of this chapter.

Persons required to register under this section shall also submit to the Secretary the information specified in clauses (A) through (F) of this paragraph with respect to any business engaged in the business of buying grain for sale in interstate commerce, and in the business of handling, weighing, or transporting of grain for sale in interstate commerce, if, with respect to such business, the person otherwise required to register under this section is in a control relationship.

(2)

For the purposes of this section, a person shall be deemed to be in a “control relationship” with respect to a business required to register under subsection (a) and with respect to applicable interstate businesses if—

(A)

such person has an ownership interest of 10 per centum or more in such business, or

(B)

a business or group of business entities, with respect to which such person is in a control relationship, has an ownership interest of 10 per centum or more in such business.

(3)

For purposes of clauses (A) and (B) of paragraph (2) of this subsection, a person shall be considered to own the ownership interest which is owned by his or her spouse, minor children, and relatives living in the same household.

(c) Certificate of registration

The Secretary shall issue a certificate of registration to persons who comply with the provisions of this section. The certificate of registration issued in accordance with this section shall be renewed annually. If there has been any change in the information required under subsection (b), the person holding such certificate shall, within thirty days of the discovery of such change, notify the Secretary of such change. No person shall engage in the business of buying grain for sale in foreign commerce, and in the business of handling, weighing, or transporting of grain in foreign commerce unless the person has registered with the Secretary as required by this chapter and has an unsuspended and unrevoked certificate of registration.

(d) Suspension or registration of certificate of registration

The Secretary may suspend or revoke any certificate of registration issued under this section whenever, after the person holding such certificate has been afforded an opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5, the Secretary shall determine that such person has violated any provision of this chapter or of the regulations promulgated thereunder, or has been convicted of any violation involving the handling, weighing, or inspection of grain under title 18.

(e) Fees

The Secretary shall charge and collect fees from any person registered under this section. The amount of such fees shall be determined on the basis of the costs of the Secretary in administering the registration required by this section. Such fees shall be deposited in, and used as part of, the fund described in section 79(j) of this title.

Source credit: (Aug. 11, 1916, ch. 313, pt. B, § 17A, as added Pub. L. 94–582, § 22, Oct. 21, 1976, 90 Stat. 2886; amended Pub. L. 95–113, title XVI, § 1604(l), Sept. 29, 1977, 91 Stat. 1029; Pub. L. 103–156, § 12(p), Nov. 24, 1993, 107 Stat. 1529; 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. 94-582 · 90 Stat. 2886
  • 1977Amended · Pub. L. 95-113 · 91 Stat. 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. 94-582 on 1916-08-11.

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