§ 87e. — General authorities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC87e]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 87e. General authorities
(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.
(c) Monitoring of United States grain upon its entry into foreign
nations
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) of this section
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.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 16, as added Pub. L. 90-487,
Sec. 1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 94-582, Sec. 18,
Oct. 21, 1976, 90 Stat. 2884; Pub. L. 95-113, title XVI, Secs. 1604(k),
1606(i), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 102-237, title X,
Sec. 1007(2), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103-156, Sec. 9,
Nov. 24, 1993, 107 Stat. 1527; Pub. L. 103-354, title II,
Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
Amendments
1994--Subsecs. (a) to (c), (e) to (i), (k). Pub. L. 103-354
substituted ``Secretary'' for ``Administrator'' wherever appearing.
1993--Subsec. (b). Pub. L. 103-156, Sec. 9(1), struck out at end
``The Administrator shall report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate at the end of every three-month period with
respect to investigative action taken on complaints, during the
immediately preceding three-month period.''
Subsecs. (g) to (k). Pub. L. 103-156, Sec. 9(2), added subsecs. (g)
to (k).
1991--Subsec. (a). Pub. L. 102-237 substituted ``Administrator'' for
``Administrtor'' at end of second sentence.
1977--Subsec. (a). Pub. L. 95-113, Sec. 1604(k)(1), rearranged
existing provisions and inserted references to the installation of
handling and weighing equipment and to warehouses and other grain
storage or handling facilities.
Subsec. (b). Pub. L. 95-113, Sec. 1606(i), substituted ``Committee
on Agriculture, Nutrition, and Forestry'' for ``Committee on Agriculture
and Forestry''.
Subsec. (f). Pub. L. 95-113, Sec. 1604(k)(2), struck out
``additional'' before ``inspection and weighing requirements''.
1976--Subsec. (a). Pub. L. 94-582 substituted authorizations of
``Administrator'' for authorizations of ``Secretary'', ``official
agency'' for ``official inspection agency'', and ``other person'' for
``any person'' respecting reporting requirement, required reports from
State agencies delegated authority under this chapter and from
licensees, inserted items (1) to (3) relating to conditions for official
inspection, authorized issuance of instructions, and struck out
reference to section 86 of this title, including proceedings for refusal
of official inspection service not required by section 77 of this title,
as not being subject to administrative procedure provisions.
Subsecs. (b) to (f). Pub. L. 94-582 added subsecs. (b) to (f).
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.
Temporary Exercise By Secretary of Agriculture of Powers, Duties, and
Authorizations of Administrator Pending Appointment of Administrator
Powers, duties, and authorizations of the Administrator of the
Federal Grain Inspection Service to be exercised by the Secretary of
Agriculture pending the appointment of the Administrator, see section 25
of Pub. L. 94-582, set out as a note under section 75a of this title.
Section Referred to in Other Sections
This section is referred to in sections 87b, 87h of this title.
