7 U.S.C. § 79 : US Code - Section 79: Official inspection

Search 7 U.S.C. § 79 : US Code - Section 79: Official inspection

(a) Grain required to be officially inspected
The Secretary is authorized to cause official inspection under
the standards provided for in section 76 of this title to be made
of all grain required to be officially inspected as provided in
section 77 of this title, in accordance with such regulations as
the Secretary may prescribe.
(b) Inspections made pursuant to request of interested persons
The Secretary is further authorized, upon request of any
interested person, and under such regulations as the Secretary may
prescribe, to cause official inspection to be made with respect to
any grain whether by official sample, submitted sample, or
otherwise within the United States under standards provided for in
section 76 of this title, or, upon request of the interested
person, under other criteria approved by the Secretary for
determining the kind, class, quality, or condition of grain, or
other facts relating to grain, whenever in the judgment of the
Secretary providing such service will effectuate any of the
objectives stated in section 74 of this title.
(c) Reinspections and appeals; cancellation of superseded
certificates; sale of samples
The regulations prescribed by the Secretary under this chapter
shall include provisions for reinspections and appeal inspections;
cancellation and surrender of certificates superseded by
reinspections and appeal inspections; and the use of standard forms
for official certificates. The Secretary may provide by regulation
that samples obtained by or for employees of the Secretary for
purposes of official inspection shall become the property of the
United States, and such samples may be disposed of without regard
to the provisions of the Federal Property and Administrative
Services Act of 1949, as amended.(!1)
(d) Official certificates as evidence
Official certificates setting out the results of official
inspection issued and not canceled under this chapter shall be
received by all officers and all courts of the United States as
prima facie evidence of the truth of the facts stated therein.
(e) Official inspection at export port locations; delegation of
authority to State agencies
(1) Except as otherwise provided in paragraph (2) of this
subsection, the Secretary shall cause official inspection at export
port locations, for all grain required or authorized to be
inspected by this chapter, to be performed by official inspection
personnel employed by the Secretary or other persons under contract
with the Secretary as provided in section 84 of this title.
(2) If the Secretary determines, pursuant to paragraph (3) of
this subsection, that a State agency is qualified to perform
official inspection, meets the criteria in subsection (f)(1)(A) of
this section, and (A) was performing official inspection at an
export port location under this chapter on July 1, 1976, or (B)(i)
performed official inspection at an export port location at any
time prior to July 1, 1976, (ii) was designated under subsection
(f) of this section on December 22, 1982, to perform official
inspections at locations other than export port locations, and
(iii) operates in a State from which total annual exports of grain
do not exceed, as determined by the Secretary, 5 per centum of the
total amount of grain exported from the United States annually, the
Secretary may delegate authority to the State agency to perform all
or specified functions involved in official inspection (other than
appeal inspection) at export port locations within the State,
including export port locations which may in the future be
established, subject to such rules, regulations, instructions, and
oversight as the Secretary may prescribe, and any such official
inspection shall continue to be the direct responsibility of the
Secretary. Any such delegation may be revoked by the Secretary, at
the discretion of the Secretary, at any time upon notice to the
State agency without opportunity for a hearing.
(3) Prior to delegating authority to a State agency for the
performance of official inspection at export port locations
pursuant to paragraph (2) of this subsection, the Secretary shall
(A) conduct an investigation to determine whether such agency is
qualified, and (B) make findings based on such investigation. In
conducting the investigation, the Secretary shall consult with, and
review the available files of the Department of Justice, the Office
of Investigation of the Department of Agriculture (or such other
organization or agency within the Department of Agriculture which
may be delegated the authority, in lieu thereof, to conduct
investigations on behalf of the Department of Agriculture), and the
Government Accountability Office.
(4) The Secretary may provide that grain loaded at an interior
point in the United States into a rail car, barge, or other
container as the final carrier in which it is to be transported
from the United States shall be inspected in the manner provided in
this subsection or subsection (f) of this section, as the Secretary
determines will best meet the objectives of this chapter.
(f) Official inspections at other than export port locations;
designation of agencies or persons to conduct official
inspections
(1) With respect to official inspections other than at export
port locations, the Secretary is authorized, upon application by
any State or local governmental agency, or any person, to designate
such agency or person as an official agency for the conduct of all
or specified functions involved in official inspection (other than
appeal inspection) at locations where the Secretary determines
official inspection is needed, if - 
(A) the agency or person shows to the satisfaction of the
Secretary that such agency or person - 
(i) has adequate facilities and qualified personnel for the
performance of such official inspection functions;
(ii) will provide for the periodic rotation of official
inspection personnel among the grain elevators, warehouses, or
other storage or handling facilities at which the State or
person provides official inspection, as is necessary to
preserve the integrity of the official inspection service;
(iii) will meet training requirements and personnel standards
established by the Secretary under section 84(g) of this title;
(iv) will otherwise conduct such training and provide such
supervision of its personnel as are necessary to assure that
they will provide official inspection in accordance with this
chapter and the regulations and instructions thereunder;
(v) will not charge official inspection fees that are
discriminatory or unreasonable;
(vi) if a State or local governmental agency, will not use
any moneys collected pursuant to the charging of fees for any
purpose other than the maintenance of the official inspection
operation of the State or local governmental agency;
(vii) and any related entities do not have a conflict of
interest prohibited by section 87 of this title;
(viii) will maintain complete and accurate records of its
organization, staffing, official activities, and fiscal
operations, and such other records as the Secretary may require
by regulation;
(ix) if a State or local governmental agency, will employ
personnel on the basis of job qualifications rather than
political affiliations;
(x) will comply with all provisions of this chapter and the
regulations and instructions thereunder; and
(xi) meets other criteria established in regulations issued
under this chapter relating to official functions under this
chapter; and
(B) the Secretary determines that the applicant is better able
than any other applicant to provide official inspection service.
(2) Geographic boundaries for official agencies. - Not more than
one official agency designated under paragraph (1) or State
delegated authority under subsection (e)(2) of this section to
carry out the inspection provisions of this chapter shall be
operative at the same time in any geographic area defined by the
Secretary, except that, if the Secretary determines that the
presence of more than one designated official agency in the same
geographic area will not undermine the policy stated in section 74
of this title, the Secretary may - 
(A) allow more than one designated official agency to carry out
inspections within the same geographical area as part of a pilot
program; and
(B) allow a designated official agency to cross boundary lines
to carry out inspections in another geographic area if the
Secretary also determines that - 
(i) the current designated official agency for that
geographic area is unable to provide inspection services in a
timely manner;
(ii) a person requesting inspection services in that
geographic area has not been receiving official inspection
services from the current designated official agency for that
geographic area; or
(iii) a person requesting inspection services in that
geographic area requests a probe inspection on a barge-lot
basis.
(3) Except as authorized by the Secretary, no official agency or
State delegated authority pursuant to subsection (e)(2) of this
section shall officially inspect under this chapter any official or
other sample drawn from a lot of grain and submitted for inspection
unless such lot of grain is physically located within the
geographic area assigned to the agency by the Secretary at the time
such sample is drawn.
(4) No State or local governmental agency or person shall provide
any official inspection for the purposes of this chapter except
pursuant to an unsuspended and unrevoked delegation of authority or
designation by the Secretary, as provided in this section, or as
provided in section 84(a) of this title.
(g) Termination, renewal, amendment, cancellation, and revocation
of designations of official agencies
(1) Designations of official agencies shall terminate at such
time as specified by the Secretary but not later than triennially
and may be renewed in accordance with the criteria and procedure
prescribed in subsection (f) of this section.
(2) A designation of an official agency may be amended at any
time upon application by the official agency if the Secretary
determines that the amendment will be consistent with the
provisions and objectives of this chapter; and a designation will
be cancelled upon request by the official agency with ninety days
written notice to the Secretary. A fee as prescribed by regulations
of the Secretary shall be paid by the official agency to the
Secretary for each such amendment, to cover the costs incurred by
the Secretary in connection therewith, and it shall be deposited in
the fund created in subsection (j) of this section.
(3) The Secretary may revoke a designation of an official agency
whenever, after opportunity for hearing is afforded the agency, the
Secretary determines that the agency has failed to meet one or more
of the criteria specified in subsection (f) of this section or the
regulations under this chapter for the performance of official
functions, or otherwise has not complied with any provision of this
chapter or any regulation prescribed or instruction issued to such
agency under this chapter, or has been convicted of any violation
of other Federal law involving the handling or official inspection
of grain: Provided, That the Secretary may, without first affording
the official agency an opportunity for a hearing, suspend any
designation pending final determination of the proceeding whenever
the Secretary has reason to believe there is cause for revocation
of the designation and considers such action to be in the best
interest of the official inspection system under this chapter. The
Secretary shall afford any such agency an opportunity for a hearing
within thirty days after temporarily suspending such designation.
(h) Official inspections at locations other than export port
locations when designated official agencies are not available
If the Secretary determines that official inspection by an
official agency designated under subsection (f) of this section is
not available on a regular basis at any location (other than at an
export port location) where the Secretary determines such
inspection is needed to effectuate the objectives stated in section
74 of this title, and that no official agency within reasonable
proximity to such location is willing to provide or has or can
acquire adequate personnel and facilities for providing such
service on an interim basis, official inspection shall be provided
by authorized employees of the Secretary, and other persons
licensed by the Secretary to perform official inspection functions,
as provided in section 84 of this title, until such time as the
service can be provided on a regular basis by an official agency.
(i) Official inspections in Canadian ports
The Secretary is authorized to cause official inspection under
this chapter to be made, as provided in subsection (a) of section
77 of this title, in Canadian ports of United States export grain
transshipped through Canadian ports, and pursuant thereto the
Secretary is authorized to enter into an agreement with the
Canadian Government for such inspection. All or specified functions
of such inspections shall be performed by official inspection
personnel employed by the Secretary or, except for appeals, by
persons operating under a contract with the Secretary or as
otherwise provided by agreement with the Canadian Government.
(j) Fees; establishment, amount, payment, etc.
(1) The Secretary shall, under such regulations as the Secretary
may prescribe, charge and collect reasonable inspection fees to
cover the estimated cost to the Secretary incident to the
performance of official inspection except when the official
inspection is performed by a designated official agency or by a
State under a delegation of authority. The fees authorized by this
subsection shall, as nearly as practicable and after taking into
consideration any proceeds from the sale of samples, cover the
costs of the Secretary incident to its (!2) performance of official
inspection services in the United States and on United States grain
in Canadian ports, including administrative and supervisory costs
related to such official inspection of grain. Such fees, and the
proceeds from the sale of samples obtained for purposes of official
inspection which become the property of the United States, shall be
deposited into a fund which shall be available without fiscal year
limitation for the expenses of the Secretary incident to providing
services under this chapter.
(2) Each designated official agency and each State agency to
which authority has been delegated under subsection (e) of this
section shall pay to the Secretary fees in such amount as the
Secretary determines fair and reasonable and as will cover the
estimated costs incurred by the Secretary relating to supervision
of official agency personnel and supervision by the Secretary of
the Secretary's field office personnel, except costs incurred under
paragraph (3) of subsection (g) of this section and sections 85,
86, and 87c of this title. The fees shall be payable after the
services are performed at such times as specified by the Secretary
and shall be deposited in the fund created in paragraph (1) of this
subsection. Failure to pay the fee within thirty days after it is
due shall result in automatic termination of the delegation or
designation, which shall be reinstated upon payment, within such
period as specified by the Secretary, of the fee currently due plus
interest and any further expenses incurred by the Secretary because
of such termination. The interest rate on overdue fees shall be as
prescribed by the Secretary, but not less than the current average
market yield on outstanding marketable obligations of the United
States of comparable maturity, plus an additional charge of not to
exceed 1 per centum per annum as determined by the Secretary and
adjusted to the nearest one-eighth of 1 per centum.
(3) Any sums collected or received by the Secretary under this
chapter and deposited to the fund created in paragraph (1) of this
subsection and any late payment penalties collected by the
Secretary and credited to such fund may be invested by the
Secretary in insured or fully collateralized, interest-bearing
accounts or, at the discretion of the Secretary, by the Secretary
of the Treasury in United States Government debt instruments. The
interest earned on such sums and any late payment penalties
collected by the Secretary shall be credited to the fund and shall
be available without fiscal year limitation for the expenses of the
Secretary incident to providing services under this chapter.
(4) The duties imposed by paragraph (2) on designated official
agencies and State agencies described in such paragraph and the
investment authority provided by paragraph (3) shall expire on
September 30, 2015. After that date, the fees established by the
Secretary pursuant to paragraph (1) shall not cover administrative
and supervisory costs related to the official inspection of grain.