§ 87a. — Records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC87a]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 87a. Records
(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.
(c) Access to records; audits
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
permit any authorized representative of the Secretary or the Comptroller
General of the United States to have access to, and to copy, such
records at all reasonable times. The Secretary shall, from time to time,
perform audits of official agencies and State agencies delegated
authority of this chapter in such manner and at such periodic intervals
as the Secretary deems appropriate.
(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.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 12, as added Pub. L. 90-487,
Sec. 1, Aug. 15, 1968, 82 Stat. 766; amended Pub. L. 94-582, Sec. 14,
Oct. 21, 1976, 90 Stat. 2882; Pub. L. 95-113, title XVI, Secs. 1601,
1604(i), Sept. 29, 1977, 91 Stat. 1024, 1029; Pub. L. 103-156,
Sec. 12(k), Nov. 24, 1993, 107 Stat. 1529; Pub. L. 103-354, title II,
Sec. 293(a)(5)-(7), Oct. 13, 1994, 108 Stat. 3237.)
Prior Provisions
A prior section 12 of act Aug. 11, 1916, ch. 313, pt. B, 39 Stat.
485, which appropriated a sum of $250,000 for expenses of carrying into
effect this chapter, was not classified to the Code.
Amendments
1994--Pub. L. 103-354 struck out ``or Administrator'' after
``representative of the Secretary'' in subsec. (c), struck out ``or the
Administrator'' after ``representative of the Secretary'' in subsec.
(d), and substituted ``Secretary'' for ``Administrator'' wherever
appearing.
1993--Pub. L. 103-156, Sec. 12(k), which directed amendment of
``Section 12'', without specifying the name of the Act being amended,
was executed to this section, which is section 12 of the United States
Grain Standards Act, to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 103-156, Sec. 12(k)(1), substituted ``the
judgment of the Administrator'' for ``his judgment''.
Subsec. (c). Pub. L. 103-156, Sec. 12(k)(2), substituted ``the
Administrator'' for ``he''.
1977--Subsecs. (a), (b). Pub. L. 95-113, Sec. 1604(i)(1), inserted
``, every State agency delegated authority under this chapter,'' after
``official agency''.
Subsec. (c). Pub. L. 95-113, Sec. 1604(i)(1), (2), inserted ``,
every State delegated authority under this chapter,'' after ``official
agency'' and corrected a typographical error in Pub. L. 94-582 under
which ``delegate authority of this chapter'' had been erroneously used
instead of ``delegated authority under this chapter''.
Subsec. (d). Pub. L. 95-113, Sec. 1601, substituted ``shall maintain
such complete and accurate records for such period of time as the
Administrator may, by regulation, prescribe for the purpose of the
administration and enforcement of this chapter'' for ``shall, within the
five-year period thereafter, maintain complete and accurate records of
purchases, sales, transportation, storage, weighing, handling, treating,
cleaning, drying, blending, and other processing, and official
inspection and official weighing of grain,''.
1976--Subsec. (a). Pub. L. 94-582 substituted ``official agency''
for ``official inspection agency'' and ``Administrator'' for
``Secretary'' and inserted reference to licensed performance of official
weighing or supervision of weighing function.
Subsec. (b). Pub. L. 94-582 substituted ``Every official agency and
every person licensed to perform any official inspection or official
weighing or supervision of weighing function under this chapter'' for
``Every official inspection agency'' and ``Administrator'' for
``Secretary'' in two places, increased from two to five years the period
of time for keeping the records, and inserted provision for keeping the
records after the weighing.
Subsec. (c). Pub. L. 94-582 substituted ``Every official agency and
every person licensed to perform any official inspection or official
weighing or supervision of weighing function under this chapter'' for
``Every official inspection agency'', provided for access to and the
copying of records by any authorized representative of the Administrator
or the Comptroller General, and required Administrator audits of
official agencies and State agencies delegate authority.
Subsec. (d). Pub. L. 94-582 added subsec. (d).
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
For effective date of section, see section 2 of Pub. L. 90-487, set
out as an Effective Date of 1968 Amendment note under section 78 of this
title.
Maintenance of Records Not Involving Official Inspection or Official
Weighing
Pub. L. 103-111, title I, Oct. 21, 1993, 107 Stat. 1055, provided in
part: ``That hereafter, none of the funds available to the Federal Grain
Inspection Service may be used to pay the salaries of any person or
persons who require, or who authorize payments from fee-supported funds
to any person or persons who require nonexport, nonterminal interior
elevators to maintain records not involving official inspection or
official weighing in the United States under Public Law 94-582 [see
Short Title of 1976 Amendment note set out under section 71 of this
title] other than those necessary to fulfill the purposes of such Act.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-341, title I, Aug. 14, 1992, 106 Stat. 883.
Pub. L. 102-142, title I, Oct. 28, 1991, 105 Stat. 887.
Pub. L. 101-506, title I, Nov. 5, 1990, 104 Stat. 1324.
Pub. L. 101-161, title I, Nov. 21, 1989, 103 Stat. 960.
Pub. L. 100-460, title I, Oct. 1, 1988, 102 Stat. 2238.
Section Referred to in Other Sections
This section is referred to in section 87b of this title.
