7 U.S.C. § 76 : US Code - Section 76: Standards and procedures; establishment, amendment, and revocation

Search 7 U.S.C. § 76 : US Code - Section 76: Standards and procedures; establishment, amendment, and revocation

(a) Authority of Secretary
The Secretary is authorized to investigate the handling,
weighing, grading, and transportation of grain and to fix and
establish (1) standards of kind, class, quality, and condition for
corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed
grain, and such other grains as in the judgment of the Secretary
the usages of the trade may warrant and permit, and (2) standards
or procedures for accurate weighing and weight certification and
controls, including safeguards over equipment calibration and
maintenance, for grain shipped in interstate or foreign commerce;
and the Secretary is authorized to amend or revoke such standards
or procedures whenever the necessities of the trade may require.
(b) Notice and opportunity for comment; standards regarding
cleanliness of grain
(1) Before establishing, amending, or revoking any standards
under this chapter, the Secretary shall publish notice of the
proposals and give interested persons opportunity to submit data,
views, and arguments thereon and, upon request, an opportunity to
present data, views, and arguments orally in an informal manner. No
standards established or amendments or revocations of standards
under this chapter shall become effective less than one calendar
year after promulgation thereof, unless in the judgment of the
Secretary, the public health, interest, or safety require that they
become effective sooner.
(2)(A)(i) If the Secretary determines that the establishment or
amendment of standards regarding cleanliness conditions of wheat,
corn, barley, sorghum and soybeans that meet the requirements for
grade number 3 or better (as set forth in subparagraph (B)) would -

(I) enhance the competitiveness of exports of wheat, corn,
barley, sorghum and soybeans from the United States with wheat,
corn, barley, sorghum and soybean exports marketed by other major
exporters;
(II) result in the maintenance or expansion of the United
States export market share for wheat, corn, barley, sorghum and
soybeans;
(III) result in the maintenance or increase of United States
producer income; and
(IV) be in the interest of United States agriculture, taking
into consideration technical constraints, economic benefits and
costs to producers and industry, price competitiveness, and
importer needs;
the Secretary shall establish or amend the standards to include
economically and commercially practical levels of cleanliness for
wheat, corn, barley, sorghum and soybeans.
(ii) The Secretary shall make a finding under this subsection for
grain of the type described in clause (i) as soon as practicable
after November 28, 1990.
(B)(i) In establishing requirements for cleanliness
characteristics, the Secretary shall - 
(I) consider technical constraints, economic benefits and costs
to producers and industry, the price competitiveness of United
States agricultural production, and levels of cleanliness met by
major competing nations that export wheat, corn, barley, sorghum
and soybeans;
(II) promulgate regulations after providing for notice and an
opportunity for public comment; and
(III) phase in any requirements for cleanliness characteristics
by incrementally decreasing the levels of the objectionable
material permitted in shipments of grade number 3 or better
wheat, corn, barley, sorghum and soybeans.
(ii) Following the phase-in period referred to in clause
(i)(III), subsequent revision of cleanliness requirements shall be
conducted consistent with the schedule of the Secretary for
reviewing grain standards.
(C) If the Secretary determines to establish requirements for
cleanliness characteristics under this section, the Secretary shall
ensure that such requirements are fully implemented not later than
6 years after November 28, 1990.
(c) Grade determining factors related to physical soundness and
purity; notice and opportunity for comment
(1) In establishing standards under subsection (a) of this
section for each grain for which official grades are established,
the Secretary shall establish for each such grain official grade-
determining factors and factor limits that reflect the levels of
soundness and purity that are consistent with end-use performance
goals of the major foreign and domestic users of each such grain.
Such factors and factor limits for grades number 3 and better shall
provide users of such standards the best possible information from
which to determine end-use product quality. The Secretary shall
establish factors and factor limits that will provide that grain
meeting the requirements for grades number 3 and better will
perform in accordance with general trade expectations for the
predominant uses of such grain.
(2) In establishing factors and factor limits under paragraph
(1), the Secretary shall provide for notice and an opportunity for
public comment prior to making changes in the grade-determining
factors and factor limits that shall be applicable under this
section to grain that is officially graded.
(d) Moisture content criterion
If the Government of any country requests that moisture content
remain a criterion in the official grade designations of grain,
such criterion shall be included in determining the official grade
designation of grain shipped to such country.