Contents
United States Grain Standards Act
United States Grain Standards Act
7 U.S.C. § 71 : US Code – Section 71: Short title
This description of the United States Grain Standards Act tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning United States Grain Standards Act) rather than to the “subchapter” or the “title” of the United States Code.
U.S. Code Citation
U.S. Code Section and Head
- United States Code – Section 71
- Head of the Section:
Short title
Text of the Section
This chapter may be cited as the “United States Grain Standards Act”.
United States Grain Standards Act
Act Details
United States Grain Standards Act was, as a bill, a proposal (now, a piece of legislation) introduced on 1976-03-16 in the House of Commons and Senate respectively of the 94 United States Congress by Thomas Foley in relation with: Agriculture and food, Agriculture in foreign trade, Crime and law enforcement, Department of Agriculture, Exports, Federal employees, Federal officials, Foreign trade and international finance, Government operations and politics, Grading (Agricultural products), Grain, Grain trade.
United States Grain Standards Act became law (1) in the United States on 1976-10-21
It was referred to the following Committee(s): (2)
House Agriculture (HSAG)
Senate Agriculture and Forestry (SSAF)
Sponsor
Thomas Foley, Representative from Washington, district 5
The proposal had the following cosponsors:
Alvin James Baldus, Democrat, Representative, from Wisconsin, district 3
Berkley Warren Bedell, Democrat, Representative, from Iowa, district 6
Bob Bergland, Representative, from Minnesota, district 7
John Breckinridge, Republican, Senator, from Kentucky
George Edward Brown, Democrat, Representative, from California, district 42
Glenn Lee English, Democrat, Representative, from Oklahoma, district 6
Floyd James Fithian, Democrat, Representative, from Indiana, district 2
Chuck Grassley, Senator, from Iowa, district 3
Thomas Michael Hagedorn, Republican, Representative, from Minnesota, district 2
Margaret M. Heckler, Republican, Representative, from Massachusetts, district 10
Jack English Hightower, Democrat, Representative, from Texas, district 13
James Merrill Jeffords, Independent, Senator, from Vermont
John Wilson Jenrette, Democrat, Representative, from South Carolina, district 6
Ed Jones, Democrat, Representative, from Tennessee, district 8
John Hans Krebs, Democrat, Representative, from California, district 17
Richard Michael Nolan, Democrat, Representative, from Minnesota, district 8
Neal Edward Smith, Democrat, Representative, from Iowa, district 4
Charles Thone, Republican, Representative, from Nebraska, district 1
Joseph Phillip Vigorito, Democrat, Representative, from Pennsylvania, district 24
William Creed Wampler, Republican, Representative, from Virginia, district 9
James Howard Weaver, Democrat, Representative, from Oregon, district 4
Act Overview
- Number: 12572 (3)
- Official Title as Introduced: An Act to amend the United States Grain Standards Act to improve the grain inspection and weighing system, and for other purposes (4)
- Short Title: United States Grain Standards Act
- Date First Introduced: 1976-03-16
- Sponsor Name: James Howard Weaver
- Assignment Process: See Committe Assignments (5)
- Latest Major Activity/Action: Enacted
- Date Enacted (signed, in general (6), by President): 1976-10-21
- Type: hr (7)
- Main Topic: Agriculture and food
- Related Bills: (8)
hres1120-94, Reason: rule, Type: bill
s3055-94, Reason: related, Type: bill - Summary of United States Grain Standards Act: Govtrack. Authored by the Congressional Research Service (CRS) of the Library of Congress.
- Primary Source: Congress Website
Text of the United States Grain Standards Act
(Conference report filed in House H. Rept. 94-1722) United States Grain Standards Act – Declares the policy of the Congress to: (1) provide for the establishment of official United States standards for grain; (2) promote the uniform application of such standards by official inspection personnel; (3) provide for an official inspection system for grain and to regulate the weighing; and (4) provide for the certification of the weight of grain shipped in interstate or foreign commerce; with the objectives that grain may be marketed in an orderly manner and that trading of grain be facilitated. Defines terms for purposes of this Act. Establishes within the Department of Agriculture the Federal Grain Inspection Service. States that the Administrator of such Service shall be appointed by the President by and with the advice and consent of the Senate and shall be responsible for the administration of this Act. Authorizes the Administrator to establish: (1) standards of kind class quality and condition of specified grains; and (2) standards for accurate weighing and certification procedures of grain shipped in interstate and foreign commerce and procedures for the supervision of the weighing of such grains. Forbids the shipment of grain from the United States to any other place unless such lot is officially inspected (unless otherwise agreed in the export sales contract) in accordance with established standards on the basis of official samples (taken after final elevation or while in the final export carrier) and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by an official inspection. Allows the Administrator to waive such requirement where it would not impair objectives of this Act. Requires all official weighing and inspection to be supervised by representatives of the Service. Forbids the knowing description of any grain shipped outside the United States by any official grade designation or description which is false or misleading. Includes in the regulations provided by the Administrator provisions for: (1) reinspections and appeal inspections; (2) cancellation and surrender of certificates superseded by reinspections and appeal inspections; and (3) the use of standard forms for official certificates. Requires such inspections to be performed by official inspection personnel employed by the Federal Grain Inspection Service. Authorizes the Administrator to provide for the inspection of grain loaded at any interior point in the United States on a carrier from which such grain is to be transported outside the United States. Authorizes the Administrator to permit Service personnel to perform such inspections or to enter into contracts therefor with any State or person for the conduct of all or specified functions involved in an official inspection (except appeal inspections). Limits the State agencies to which delegations of authority may be made to those agencies conducting inspections as of July 1 1976. Provides for the inspection of American grain in Canadian ports. Requires the Administrator to cause official weighing to be made of all grain required to be officially weighed. Directs the Administrator to cause all official weighing at export elevators and major inland terminal elevators to be performed by official personnel of the Service except that the Administrator may agree with a State for such weighing. Provides for the weighing of American grain in Canadian ports. Provides that official weight certificates shall be received by officers and courts of the Untied States as prima facie evidence of the facts stated therein. Requires that the representatives of the Administrator be afforded access to grain elevators warehouses and all the facilities therein for weighing grain. Requires the Administrator to provide for the testing of all equipment used in the inspection grading and weighing of grain located at all elevators warehouses and other grain storage and handling facilities at which official inspection or weighing is required. Authorizes the Administrator to issue licenses to individuals employed by an official inspection or weighing contractor an employee of a State with which an agreement is in effect under this Act or as an employee of the Service for the weighing and supervision of the inspection of grain. Forbids any person from performing any official inspection or weighing functions unless such individual holds a valid license or authorization from the Administrator under this Act. States that all such licenses shall terminate triennially and shall be suspended automatically when the licensee ceases to be employed by the Service or under an official inspection contract or agreement under this Act. Provides for the rotation of supervisory and official personnel of the Service for the purpose of preserving the integrity of the inspection and weighing system. Authorizes the Administrator to develop and effectuate uniform standards for the recruiting training and supervising of official personnel and work production standards for such personnel which shall be applicable to the Service and all official contractors and all persons licensed or authorized to perform official functions under this Act. Provides for the suspension revocation or non-renewal of any license or authorization issued under this Act based on specified misconduct. Allows the Administrator to refuse to provide official inspection or weighing under this Act with respect to grain if the person has violated any of the prohibited acts enumerated in this Act or has been convicted of any violation involving the handling weighing or inspection of grain. Provides for a civil penalty not to exceed $75000 for each violation of any prohibited conduct under this Act. Allows the Administrator to temporarily refuse to provide official inspection or weighing without a hearing whenever there is reason to believe there is a cause for such refusal. Requires a hearing within seven days after such refusal. Prohibits any person licensed authorized or employed by the Administrator to perform any functions under this Act from being financially interested in employed by or accepting gratuities from any business entity owning or oprating any grain elevators or warehouse or engaged in the merchandising of grain. Requires that users of services under the United States Grain Standards Act keep detailed records of all grain purchases sales transportation storage treating cleaning drying blending and other processing and of their grain inspection. Extends recordkeeping and access requirements under such Act to users of official weighing services. Enumerates the acts prohibited under this Act. Increases the maximum penalties for violations. Authorizes the Secretary of Agriculture to require as a condition for official inspection services that interested persons have the opportunity to observe weighing loading and official inspection. Prohibits State or local government restrictions upon the performance of official inspection or official weighing under such Act. Authorizes to be appropriated such sums as are necessary to carry out the purposes of this Act. Requires 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 such grain for sale. Requires the Administrator one year from the enactment of this Act to report to the appropriate Congressional committees on the actions taken in implementing the provisions of this Act. Requires specified other reports to be submitted to such Congressional committees. Authorizes the Administrator to negotiate with persons presently licensed or designated to perform official functions under the United States Grain Standards Act for the purchase or lease of facilities or equipment as necessary for the conduct of official inspection notwithstanding other Federal procurement statutes. Directs the Administrator to conduct an investigation and make a study regarding the adequacy of the current grain standards established under the United States Grain Standards Act.
Act Notes
- [Note 1] An Act (like United States Grain Standards Act) or a resolution cannot become a law in the United States until it has been approved (passed) in identical form by both the House of Representatives and the Senate, as well as signed by the President (but see (5)). If the two bodys of the Congress versions of an Act are not identical, one of the bodies might decide to take a further vote to adopt the bill (see more about the Congress process here). An Act may be pass in identical form with or without amendments and with or without conference. (see more about Enrollment).
- [Note 2] Proposals are referred to committees for preliminary consideration, then debated, amended, and passed (or rejected) by the full House or Senate. To prevent endless shuttling of bills between the House and Senate, bills like United States Grain Standards Act are referred to joint committees made up of members of both houses.
- [Note 3] For more information regarding this legislative proposal, go to THOMAS, select “Bill Number,” search on (United States Grain Standards Act)
- [Note 4] An Act to amend the United States Grain Standards Act to improve the grain inspection and weighing system, and for other purposes. The current official title of a bill is always present, assigned at introduction (for example, in this case, on 1976-03-16) and can be revised any time. This type of titles are sentences.
- [Note 5] The Act is referred to the appropriate committee by the Speaker of any of the two Houses. Bills are placed on the calendar of the committee to which they have been assigned. See Assignment Process.
- [Note 6] Regarding exceptions to President´s approval, a bill that is not signed (returned unsigned) by the President can still become law if at lest two thirds of each of the two bodys of the Congress votes to pass it, which is an infrequent case. See also Presidential Veto.
- [Note 7] Legislative Proposal types can be: hr, hres, hjres, hconres, s, sres, sjres, sconres. A bill originating in the Senate is designated by the letter “S”, and a bill originating from the House of Representatives begins with “H.R.”, followed, in both cases, by its individual number which it retains throughout all its parliamentary process.
- [Note 8] For information regarding related bill/s to United States Grain Standards Act, go to THOMAS.
Analysis
No analysis (criticism, advocacy, etc.) about United States Grain Standards Act submitted yet.
Agriculture and food
Agriculture in foreign trade
Crime and law enforcement
Department of Agriculture
Exports
Federal employees
Federal officials
Foreign trade and international finance
Government operations and politics
Grading (Agricultural products)
Grain
Grain trade
Further Reading
- “How our laws are made”, Edward F Willett; Jack Brooks, Washington, U.S. G.P.O.
- “To make all laws : the Congress of the United States, 1789-1989”, James H Hutson- Washington, Library of Congress.
- “Bills introduced and laws enacted: selected legislative statistics, 1947-1990”, Rozanne M Barry; Library of Congress. Congressional Research Service.