§75 — Title 7 Agriculture | U.S. Code

Summary

Defines key words used in this chapter. Secretary — the U.S. Secretary of Agriculture or people the Secretary appoints. Department of Agriculture — the U.S. Department of Agriculture. Person — any individual or business group (for example, a partnership, corporation, association, or other business entity). United States — the States (including Puerto Rico), the territories and possessions, and the District of Columbia. State — any one of the States (including Puerto Rico), or the territories, possessions, and the District of Columbia. Interstate or foreign commerce — trade that moves from one State to another or to a foreign country. Grain — corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and other food or feed grains and oilseeds for which standards are set under section 76. Export grain — grain shipped from the United States to a place outside the United States. Official inspection — checks and certification by official inspectors of the kind, class, quality, or condition of grain (includes reinspection and appeals) and related facts. Official inspection personnel — people licensed or authorized by the Secretary under section 84 to do inspections, weighings, or supervise them. Official mark — a symbol set by the Secretary to show an official inspection or weighing. Official grade designation — a grade label set in the grain standards. Official agency — a State or local agency, or a person, designated by the Secretary under section 79 or 79a to do official inspection or weighing. Official certificate and official form — certificates or forms the Secretary’s regulations require. Official sample — a sample taken by official inspection personnel for inspection. Submitted sample — a sample sent by an interested person for inspection. Lot — a specific quantity of grain. Interested person — anyone with a contract or money interest in grain (owner, seller, buyer, warehouseman, carrier, etc.). Ship — give physical possession of grain to another for transport, or transport one’s own grain. False, incorrect, misleading — mean false, incorrect, or misleading. Deceptive loading, handling, weighing, or sampling — ways of handling grain that deceive inspectors as defined by the Secretary’s rules. Export elevator — a storage or handling facility in the U.S. the Secretary identifies as a place from which grain is exported. Export port location — a commonly used U.S. or Canadian port for shipping U.S. grain abroad, as identified by the Secretary. Official weighing — official staff determine and certify the weight of a grain lot by weighing or supervising weighing, testing scales, and checking premises and discharge. Supervision of weighing — the level of oversight by official personnel the Secretary requires to make sure weights and certificates are accurate and that all intended grain is weighed and loaded. Intracompany shipment — movement of grain between facilities owned or controlled by the same owner; a cooperative’s shipment from its own facility to an export facility it jointly owns with other cooperatives counts as intracompany.

Title 7, §75

Agriculture — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 12(a)(1), substituted “delegates of the Secretary” for “his delegates”. Subsec. (z). Pub. L. 103–156, § 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, § 1604(a)(1), substituted “sorghum” for “grain sorghum”. Subsec. (i). Pub. L. 95–113, § 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, § 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, § 1604(a)(3), substituted “under standards provided for in this chapter” for “under standards provided in this chapter”. Subsec. (y). Pub. L. 95–113, § 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, § 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, § 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, § 3(c), substituted “Administrator” for “Secretary” and “official inspection or official weighing” for “an official inspection”. Subsec. (l). Pub. L. 94–582, § 3(d), substituted “standards relating to kind, class, quality, and condition of grain,” for “standards”. Subsec. (m). Pub. L. 94–582, § 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, § 3(f), substituted “Administrator” for “Secretary”. Subsec. (u). Pub. L. 94–582, § 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, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 Amendment Pub. L. 103–156, § 16, Nov. 24, 1993, 107 Stat. 1530, 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

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for Certain Provisions.—The

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made by section 2, 3, and 13(a) [amending section 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 AmendmentAmendment 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.

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of 1976 AmendmentAmendment 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.

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of 1968 AmendmentFor

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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.

§75 Definitions

Summary

Title 7, §75

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