[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC76]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 76. Standards and procedures; establishment, amendment, and
revocation
(a) Authority of Secretary
The Secretary is authorized to investigate the handling, weighing,
grading, and transportation of grain and to fix and establish (1)
standards of kind, class, quality, and condition for corn, wheat, rye,
oats, barley, flaxseed, sorghum, soybeans, mixed grain, and such other
grains as in the judgment of the Secretary the usages of the trade may
warrant and permit, and (2) standards or procedures for accurate
weighing and weight certification and controls, including safeguards
over equipment calibration and maintenance, for grain shipped in
interstate or foreign commerce; and the Secretary is authorized to amend
or revoke such standards or procedures whenever the necessities of the
trade may require.
(b) Notice and opportunity for comment; standards regarding cleanliness
of grain
(1) Before establishing, amending, or revoking any standards under
this chapter, the Secretary shall publish notice of the proposals and
give interested persons opportunity to submit data, views, and arguments
thereon and, upon request, an opportunity to present data, views, and
arguments orally in an informal manner. No standards established or
amendments or revocations of standards under this chapter shall become
effective less than one calendar year after promulgation thereof, unless
in the judgment of the Secretary, the public health, interest, or safety
require that they become effective sooner.
(2)(A)(i) If the Secretary determines that the establishment or
amendment of standards regarding cleanliness conditions of wheat, corn,
barley, sorghum and soybeans that meet the requirements for grade number
3 or better (as set forth in subparagraph (B)) would--
(I) enhance the competitiveness of exports of wheat, corn,
barley, sorghum and soybeans from the United States with wheat,
corn, barley, sorghum and soybean exports marketed by other major
exporters;
(II) result in the maintenance or expansion of the United States
export market share for wheat, corn, barley, sorghum and soybeans;
(III) result in the maintenance or increase of United States
producer income; and
(IV) be in the interest of United States agriculture, taking
into consideration technical constraints, economic benefits and
costs to producers and industry, price competitiveness, and importer
needs;
the Secretary shall establish or amend the standards to include
economically and commercially practical levels of cleanliness for wheat,
corn, barley, sorghum and soybeans.
(ii) The Secretary shall make a finding under this subsection for
grain of the type described in clause (i) as soon as practicable after
November 28, 1990.
(B)(i) In establishing requirements for cleanliness characteristics,
the Secretary shall--
(I) consider technical constraints, economic benefits and costs
to producers and industry, the price competitiveness of United
States agricultural production, and levels of cleanliness met by
major competing nations that export wheat, corn, barley, sorghum and
soybeans;
(II) promulgate regulations after providing for notice and an
opportunity for public comment; and
(III) phase in any requirements for cleanliness characteristics
by incrementally decreasing the levels of the objectionable material
permitted in shipments of grade number 3 or better wheat, corn,
barley, sorghum and soybeans.
(ii) Following the phase-in period referred to in clause (i)(III),
subsequent revision of cleanliness requirements shall be conducted
consistent with the schedule of the Secretary for reviewing grain
standards.
(C) If the Secretary determines to establish requirements for
cleanliness characteristics under this section, the Secretary shall
ensure that such requirements are fully implemented not later than 6
years after November 28, 1990.
(c) Grade determining factors related to physical soundness and purity;
notice and opportunity for comment
(1) In establishing standards under subsection (a) of this section
for each grain for which official grades are established, the Secretary
shall establish for each such grain official grade-determining factors
and factor limits that reflect the levels of soundness and purity that
are consistent with end-use performance goals of the major foreign and
domestic users of each such grain. Such factors and factor limits for
grades number 3 and better shall provide users of such standards the
best possible information from which to determine end-use product
quality. The Secretary shall establish factors and factor limits that
will provide that grain meeting the requirements for grades number 3 and
better will perform in accordance with general trade expectations for
the predominant uses of such grain.
(2) In establishing factors and factor limits under paragraph (1),
the Secretary shall provide for notice and an opportunity for public
comment prior to making changes in the grade-determining factors and
factor limits that shall be applicable under this section to grain that
is officially graded.
(d) Moisture content criterion
If the Government of any country requests that moisture content
remain a criterion in the official grade designations of grain, such
criterion shall be included in determining the official grade
designation of grain shipped to such country.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 4, 39 Stat. 483; Pub. L. 90-487,
Sec. 1, Aug. 15, 1968, 82 Stat. 762; Pub. L. 94-582, Sec. 5, Oct. 21,
1976, 90 Stat. 2869; Pub. L. 95-113, title XVI, Sec. 1604(c), Sept. 29,
1977, 91 Stat. 1027; Pub. L. 99-198, title XVI, Sec. 1671, Dec. 23,
1985, 99 Stat. 1632; Pub. L. 101-624, title XX, Secs. 2005, 2006, Nov.
28, 1990, 104 Stat. 3930; Pub. L. 103-156, Sec. 12(b), Nov. 24, 1993,
107 Stat. 1528; Pub. L. 103-354, title II, Sec. 293(a)(7), Oct. 13,
1994, 108 Stat. 3237.)
Amendments
1994--Subsecs. (a) to (c). Pub. L. 103-354 substituted ``Secretary''
for ``Administrator'' wherever appearing.
1993--Subsec. (a)(1). Pub. L. 103-156, which directed amendment of
``Section 4(a)(1)'' by substituting ``the judgment of the
Administrator'' for ``his judgment'', without specifying the name of the
Act being amended, was executed to this section, which is section 4 of
the United States Grain Standards Act, to reflect the probable intent of
Congress.
1990--Subsec. (b). Pub. L. 101-624, Sec. 2005, designated existing
provisions as par. (1) and added par. (2).
Subsecs. (c), (d). Pub. L. 101-624, Sec. 2006, added subsec. (c) and
redesignated former subsec. (c) as (d).
1985--Subsec. (c). Pub. L. 99-198 added subsec. (c).
1977--Subsec. (a). Pub. L. 95-113 substituted ``sorghum'' for
``grain sorghum'', ``standards or procedures'' for ``standards'',
``weight certification and controls'' for ``weight certification
procedures and controls'', and ``calibration and maintenance, for
grain'' for ``calibration and maintenance for grain''.
1976--Subsec. (a). Pub. L. 94-582, Sec. 5(a), authorized weighing of
grain, designated existing provisions as cl. (1), inserted cl. (2), and
reenacted provision for amendment or revocation of standards.
Subsec. (b). Pub. L. 94-582, Sec. 5(b), substituted
``Administrator'' for ``Secretary'' in two places.
1968--Pub. L. 90-487 substituted provisions authorizing Secretary to
establish, amend, and revoke standards for provisions making the use of
official standards compulsory, setting out exceptions, and providing for
the right of appeal.
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.
Benefits and Costs Associated With Improved Grain Quality
Section 2003 of title XX of Pub. L. 101-624 provided that: ``The
Administrator of the Federal Grain Inspection Service shall estimate the
economic impact, including the benefits and costs and the distribution
of such benefits and costs, of any major changes necessary to carry out
the amendments made under this title to sections 4 and 13 of the United
States Grain Standards Act (7 U.S.C. 76 and 87b) prior to making such
changes.''
Revision of Grain Inspection Procedures To Reflect Levels of Insect
Infestation
Pub. L. 99-641, title III, Sec. 304, Nov. 10, 1986, 100 Stat. 3565,
provided that: ``Not later than 6 months after the date of enactment of
this Act [Nov. 10, 1986], the Administrator of the Federal Grain
Inspection Service shall issue a final rule that revises grain
inspection procedures and standards established under the United States
Grain Standards Act (7 U.S.C. 71 et seq.) to more accurately reflect
levels of insect infestation.''
Study of Uniform End-Use Value Tests for Grain
Pub. L. 99-641, title III, Sec. 307, Nov. 10, 1986, 100 Stat. 3566,
as amended by Pub. L. 104-66, title I, Sec. 1011(i), Dec. 21, 1995, 109
Stat. 710, provided that:
``(a) Study.--The Secretary of Agriculture shall direct the Federal
Grain Inspection Service and the Agricultural Research Service to
conduct a study of the need for and availability of uniform end-use
value tests for grain. The study shall include the following:
``(1) A survey of domestic and foreign buyers of grain to
identify the information about grain characteristics that would be
most useful to such buyers. The survey shall take into account those
factors that buyers specify in contracts, test for, measure, or
would measure if tests were available, including--
``(A) the starch, oil, and protein content, breakage
susceptibility, and individual kernel moisture of corn;
``(B) the baking characteristics, protein content, gluten
content and quality, and milling hardness of wheat; and
``(C) the protein, oil, and free-fatty-acid content of
soybeans.
``(2) A review of the development and availability of tests for
the characteristics identified in the survey conducted under
paragraph (1), including an evaluation of the costs of providing
such tests.
``(b) End-Use Tests.--
``(1) Ongoing review.--The Secretary of Agriculture shall direct
the Federal Grain Inspection Service and the Agricultural Research
Service to maintain an ongoing review to determine the end-use tests
that are of economic value to buyers, and the availability and costs
of such tests.
``(2) Revision of procedures.--The Administrator of the Federal
Grain Inspection Service, to the extent practicable, shall revise
official grain inspection and certification procedures to include
within official inspection (as defined in section 3(i) of the United
States Grain Standards Act (7 U.S.C. 75(i))) those tests that are
identified under the study conducted under subsection (a) as useful,
available, and economically feasible.''
New Grain Classifications
Section 1672 of Pub. L. 99
