7 U.S.C. § 77 : US Code - Section 77: Official inspection and weighing requirements; waiver; supervision by representatives of Secretary

Search 7 U.S.C. § 77 : US Code - Section 77: Official inspection and weighing requirements; waiver; supervision by representatives of Secretary

(a) Official samples and certificates; waiver; excepted grains
Whenever standards or procedures are effective under section 76
of this title for any grain - 
(1) no person shall ship from the United States to any place
outside thereof any lot of such grain, unless such lot is
officially weighed and officially inspected in accordance with
such standards or procedures, and unless a valid official
certificate showing the official grade designation and certified
weight of the lot of grain has been provided by official
inspection personnel and is promptly furnished by the shipper, or
the agent of the shipper, to the consignee with the bill of
lading or other shipping documents covering the shipment:
Provided, That the Secretary may waive the foregoing requirement
in emergency or other circumstances which would not impair the
objectives of this chapter: Provided further, That the Secretary
shall waive the requirement for official inspection whenever the
parties to a contract for such shipment of a lot of grain (which
is not sold, offered for sale, or consigned for sale by grade)
from the United States to any place outside thereof mutually
agree under the contract to ship such lot of grain without
official inspection being performed and a copy of the contract is
furnished to the Secretary prior to shipment;
(2) except as the Secretary may provide in emergency or other
circumstances which would not impair the objectives of this
chapter, all other grain transferred out of and all grain
transferred into an export elevator at an export port location
shall be officially weighed in accordance with such standards or
procedure: Provided, That, unless the shipper or receiver
requests that the grain be officially weighed, intracompany
shipments of grain into an export elevator by any mode of
transportation, grain transferred into an export elevator by
transportation modes other than barge, and grain transferred out
of an export elevator to destinations within the United States
shall not be officially weighed; and
(3) except as otherwise authorized by the Secretary, whenever a
lot of grain is both officially inspected and officially weighed
while being transferred into or out of a grain elevator,
warehouse, or other storage or handling facility, an official
certificate shall be issued showing both the official grade
designation and the certified weight of the lot of grain.
(b) Supervision by representatives of Secretary
All official inspection and official weighing, whether performed
by authorized employees of the Secretary or any other person
licensed under section 84 of this title, shall be supervised by
representatives of the Secretary, in accordance with such
regulations as the Secretary may provide.
(c) Testing for aflatoxin contamination of corn shipped in foreign
commerce
The Secretary is authorized and directed to require that all corn
exported from the United States be tested to ascertain whether it
exceeds acceptable levels of aflatoxin contamination, unless the
contract for export between the buyer and seller stipulates that
aflatoxin testing shall not be conducted.
« Prev
Standards and procedures; establishment, amendment, and revocation
Up
Grain standards
Next »
Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States

FindLaw Career Center