§ 87f-1. — Registration requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC87f-1]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 87f-1. Registration requirements
(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) of this section 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) of this section, 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.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 17A, as added Pub. L. 94-582,
Sec. 22, Oct. 21, 1976, 90 Stat. 2886; amended Pub. L. 95-113, title
XVI, Sec. 1604(l), Sept. 29, 1977, 91 Stat. 1029; Pub. L. 103-156,
Sec. 12(p), Nov. 24, 1993, 107 Stat. 1529; Pub. L. 103-354, title II,
Sec. 293(a)(7), Oct. 13, 1994, 108 Stat. 3237.)
Amendments
1994--Subsecs. (a), (b)(1), (c) to (e). Pub. L. 103-354 substituted
``Secretary'' for ``Administrator'' wherever appearing.
1993--Pub. L. 103-156, Sec. 12(p), which directed amendment of
``Section 17A'', without specifying the name of the Act being amended,
was executed to this section, which is section 17A of the United States
Grain Standards Act, to reflect the probable intent of Congress.
Subsec. (a)(2). Pub. L. 103-156, Sec. 12(p)(1), substituted ``the
producer'' for ``he''.
Subsec. (c). Pub. L. 103-156, Sec. 12(p)(2), substituted ``the
person'' for ``he'' in last sentence.
1977--Subsec. (b)(1). Pub. L. 95-113 substituted ``All persons
required to register'' for ``All persons registered'' in provisions
preceding subpar. (A).
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
Section effective 30 days after Oct. 21, 1976, see section 27 of
Pub. L. 94-582, as amended, set out as an Effective Date of 1976
Amendment note under section 74 of this title.
Section Referred to in Other Sections
This section is referred to in sections 87b, 87e, 87h of this title.
