§ 75. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC75]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 75. Definitions
When used in this chapter, except where the context requires
otherwise--
(a) the term ``Secretary'' means the Secretary of Agriculture of
the United States or delegates of the Secretary;
(b) the term ``Department of Agriculture'' means the United
States Department of Agriculture;
(c) the term ``person'' means any individual, partnership,
corporation, association, or other business entity;
(d) the term ``United States'' means the States (including
Puerto Rico) and the territories and possessions of the United
States (including the District of Columbia);
(e) the term ``State'' means any one of the States (including
Puerto Rico) or territories or possessions of the United States
(including the District of Columbia);
(f) the term ``interstate or foreign commerce'' means commerce
from any State to or through any other State, or to or through any
foreign country;
(g) the term ``grain'' means corn, wheat, rye, oats, barley,
flaxseed, sorghum, soybeans, mixed grain, and any other food grains,
feed grains, and oilseeds for which standards are established under
section 76 of this title;
(h) the term ``export grain'' means grain for shipment from the
United States to any place outside thereof;
(i) the term ``official inspection'' means the determination (by
original inspection, and when requested, reinspection and appeal
inspection) and the certification, by official inspection personnel
of the kind, class, quality, or condition of grain, under standards
provided for in this chapter, or the condition of vessels and other
carriers or receptacles for the transportation of grain insofar as
it may affect the quality or condition of such grain; or other facts
relating to grain under other criteria approved by the Secretary
under this chapter (the term ``officially inspected'' shall be
construed accordingly);
(j) the term ``official inspection personnel'' means persons
licensed or otherwise authorized by the Secretary pursuant to
section 84 of this title to perform all or specified functions
involved in official inspection, official weighing, or supervision
of weighing, or in the supervision of official inspection, official
weighing or supervision of weighing;
(k) the term ``official mark'' means any symbol prescribed by
regulations of the Secretary to show the official determination of
official inspection or official weighing;
(l) the term ``official grade designation'' means a numerical or
sample grade designation, specified in the standards relating to
kind, class, quality, and condition of grain, provided for in this
chapter;
(m) the term ``official agency'' means any State or local
governmental agency, or any person, designated by the Secretary
pursuant to subsection (f) of section 79 of this title for the
conduct of official inspection (other than appeal inspection), or
subsection (c) of section 79a of this title for the conduct of
official weighing or supervision of weighing (other than appeal
weighing);
(n) the terms ``official certificate'' and ``official form''
mean, respectively, a certificate or other form prescribed by
regulations of the Secretary under this chapter;
(o) the term ``official sample'' means a sample obtained from a
lot of grain by, and submitted for official inspection by, official
inspection personnel (the term ``official sampling'' shall be
construed accordingly);
(p) the term ``submitted sample'' means a sample submitted by or
for an interested person for official inspection, other than an
official sample;
(q) the term ``lot'' means a specific quantity of grain
identified as such;
(r) the term ``interested person'' means any person having a
contract or other financial interest in grain as the owner, seller,
purchaser, warehouseman, or carrier, or otherwise;
(s) the verb ``ship'' with respect to grain means transfer
physical possession of the grain to another person for the purpose
of transportation by any means of conveyance, or transport one's own
grain by any means of conveyance;
(t) the terms ``false'', ``incorrect'', and ``misleading'' mean,
respectively, false, incorrect, and misleading in any particular;
(u) the term ``deceptive loading, handling, weighing, or
sampling'' means any manner of loading, handling, weighing, or
sampling that deceives or tends to deceive official inspection
personnel, as specified by regulations of the Secretary under this
chapter;
(v) the term ``export elevator'' means any grain elevator,
warehouse, or other storage or handling facility in the United
States as determined by the Secretary, from which grain is shipped
from the United States to an area outside thereof;
(w) the term ``export port location'' means a commonly
recognized port of export in the United States or Canada, as
determined by the Secretary, from which grain produced in the United
States is shipped to any place outside the United States;
(x) the term ``official weighing'' means the determination and
certification by official inspection personnel of the quantity of a
lot of grain under standards provided for in this chapter, based on
the actual performance of weighing or the physical supervision
thereof, including the physical inspection and testing for accuracy
of the weights and scales and the physical inspection of the
premises at which the weighing is performed and the monitoring of
the discharge of grain into the elevator or conveyance (the terms
``officially weigh'' and ``officially weighed'' shall be construed
accordingly);
(y) the term ``supervision of weighing'' means such supervision
by official inspection personnel of the grain-weighing process as is
determined by the Secretary to be adequate to reasonably assure the
integrity and accuracy of the weighing and of certificates which set
forth the weight of the grain and such physical inspection by such
personnel of the premises at which the grain weighing is performed
as will reasonably assure that all the grain intended to be weighed
has been weighed and discharged into the elevator or conveyance; and
(z) the term ``intracompany shipment'' means the shipment,
within the United States, of grain lots between facilities owned or
controlled by the person owning the grain. The shipment of grain
owned by a cooperative, from a facility owned by that cooperative,
to an export facility which it jointly owns with other cooperatives,
qualifies as an intracompany shipment.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 3, 39 Stat. 483; Pub. L. 90-487,
Sec. 1, Aug. 15, 1968, 82 Stat. 761; Pub. L. 94-582, Sec. 3, Oct. 21,
1976, 90 Stat. 2867; Pub. L. 95-113, title XVI, Secs. 1604(a), 1606(a),
Sept. 29, 1977, 91 Stat. 1026, 1030; Pub. L. 96-437, Sec. 1, Oct. 13,
1980, 94 Stat. 1870; Pub. L. 102-237, title X, Sec. 1007(1), Dec. 13,
1991, 105 Stat. 1897; Pub. L. 103-156, Sec. 12(a), Nov. 24, 1993, 107
Stat. 1528; Pub. L. 103-354, title II, Sec. 293(a)(1), (7), Oct. 13,
1994, 108 Stat. 3237.)
Amendments
1994--Pub. L. 103-354 substituted ``Secretary'' for
``Administrator'' wherever appearing in subsecs. (i) to (k), (m), (n),
(u) to (w), and (y), redesignated subsec. (bb) as (z), and struck out
former subsecs. (z) and (aa) which read as follows:
``(z) the term `Administrator' means the Administrator of the
Federal Grain Inspection Service or delegates of the Administrator;
``(aa) the term `Service' means the Federal Grain Inspection
Service; and''.
1993--Pub. L. 103-156, Sec. 12(a), which directed amendment of
``Section 3'', without specifying the name of the Act being amended, was
executed to this section, which is section 3 of the United States Grain
Standards Act, to reflect the probable intent of Congress.
Subsec. (a). Pub. L. 103-156, Sec. 12(a)(1), substituted ``delegates
of the Secretary'' for ``his delegates''.
Subsec. (z). Pub. L. 103-156, Sec. 12(a)(2), substituted ``delegates
of the Administrator'' for ``his delegates''.
1991--Subsecs. (i) to (k), (u) to (x), (z), (aa). Pub. L. 102-237
substituted ``the'' for ``The'' before ``term''.
1980--Subsec. (bb). Pub. L. 96-437 added subsec. (bb).
1977--Subsec. (g). Pub. L. 95-113, Sec. 1604(a)(1), substituted
``sorghum'' for ``grain sorghum''.
Subsec. (i). Pub. L. 95-113, Sec. 1606(a), struck out reference to
the determination of the quantity of sacks of grain upon the request of
the interested party applying for inspection.
Subsec. (m). Pub. L. 95-113, Sec. 1604(a)(2), substituted ``or
subsection (c) of section 79a of this title for the conduct of official
weighing or supervision of weighing (other than appeal weighing)'' for
``or subsection (b) of section 79a of this title for the conduct of
supervision of weighing''.
Subsec. (x). Pub. L. 95-113, Sec. 1604(a)(3), substituted ``under
standards provided for in this chapter'' for ``under standards provided
in this chapter''.
Subsec. (y). Pub. L. 95-113, Sec. 1604(a)(4), substituted ``such
supervision by official inspection personnel of the grain-weighing
process as is determined by the Administrator to be adequate to
reasonably assure the integrity and accuracy of the weighing and of
certificates which set forth the weight of the grain and such physical
inspection by such personnel of the premises at which the grain weighing
is performed as will reasonably assure that all the grain intended to be
weighed has been weighed and discharged into the elevator or
conveyance'' for ``the supervision of the weighing process and of the
certification of the weight of grain, and the physical inspection of the
premises at which the weighing is performed to assure that all the grain
intended to be weighed has been weighed and discharged into the elevator
or conveyance represented on the weight certificate or other document''.
1976--Subsec. (i). Pub. L. 94-582, Sec. 3(a), substituted
``Administrator'' for ``Secretary'', and expanded definition of
``official inspection'' to include determination ``(by original
inspection, and when requested, reinspection and appeal inspection)''
and determination and certification of the condition of vessels and
other carriers or receptacles for the transportation of grain insofar as
it may affect the quality or condition of the grain.
Subsec. (j). Pub. L. 94-582, Sec. 3(b), in redefining ``official
inspection personnel'', substituted provision declaring term to mean
``persons licensed or otherwise authorized by the Administrator pursuant
to section 84 of this title to perform all or specified functions
involved in official inspection, official weighing, or supervision of
weighing, or in the supervision of official inspection, official
weighing or supervision of weighing'' for ``employees of State or other
governmental agencies or commercial agencies or other persons who are
licensed to perform all or specified functions involved in official
inspection under this chapter; employees of the Department of
Agriculture who are authorized to supervise official inspection and to
conduct appeal inspection or initial inspection of United States grain
in Canadian ports''.
Subsec. (k). Pub. L. 94-582, Sec. 3(c), substituted
``Administrator'' for ``Secretary'' and ``official inspection or
official weighing'' for ``an official inspection''.
Subsec. (l). Pub. L. 94-582, Sec. 3(d), substituted ``standards
relating to kind, class, quality, and condition of grain,'' for
``standards''.
Subsec. (m). Pub. L. 94-582, Sec. 3(e), substituted definition of
``official agency'' meaning ``any State or local governmental agency, or
any person, designated by the Administrator pursuant to subsection (f)
of section 79 of this title for the conduct of official inspection
(other than appeal inspection), or subsection (b) of section 79a of this
title for the conduct of supervision of weighing'' for definition of
``official inspection agency'' meaning ``the agency or person located at
an inspection point designated by the Secretary for the conduct of
official inspection under this chapter''.
Subsec. (n). Pub. L. 94-582, Sec. 3(f), substituted
``Administrator'' for ``Secretary''.
Subsec. (u). Pub. L. 94-582, Sec. 3(g), included within term defined
and its definition the concept of ``weighing'' and substituted
``Administrator'' for ``Secretary''.
Subsecs. (v) to (aa). Pub. L. 94-582, Sec. 3(h), added subsecs. (v)
to (aa).
1968--Pub. L. 90-487 substituted provisions defining terms used in
the chapter for provisions that the standards fixed and established by
the Secretary of Agriculture be known as the official grain standards of
the United States.
Effective Date of 1993 Amendment
Section 16 of Pub. L. 103-156 provided that:
``(a) In General.--Except as provided in subsection (b), the
amendments made by this Act [amending this section and sections 75a to
77, 79 to 79b, 79d, 84 to 87e, 87f, 87f-1, 87h, 87j, and 87k of this
title and repealing provisions set out as a note under section 79 of
this title] shall take effect on the date of the enactment of this Act
[Nov. 24, 1993].
``(b) Special Effective Date for Certain Provisions.--The amendments
made by sections 2, 3, and 13(a) [amending sections 79d and 87h of this
title and repealing provisions set out as a note under section 79 of
this title] shall take effect as of September 30, 1993.''
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976,
see section 27 of Pub. L. 94-582, as amended, set out as a note under
section 74 of this title.
Effective Date of 1968 Amendment
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
Section Referred to in Other Sections
This section is referred to in title 49 sections 10709, 11101.
