United States Grain Standards Act of 1976

Summary

United States Grain Standards Act - Directs the Secretary of Agriculture, under the United States Grain Standards Act, to require official inspection of grain at export port locations by authorized employees of the Department of Agriculture. Authorizes the Secretary to delegate authority to a State agency to perform official inspection functions at export port locations if such agency meets specified criteria. Provides that such authority may be revoked at any time upon notice to the State agency without opportunity for a hearing. Authorizes the Secretary, with respect to official inspections other than at export port locations, to designate any State or local governmental agency, or any person as an official inspection agency if such agency or person meets specified requirements. States that designations of official inspection agencies shall terminate within three years and may be renewed. Authorizes the Secretary to revoke a designation of an official inspection agency, after opportunity for a hearing, if such agency has failed to meet specified criteria. Allows temporary suspension without a hearing of such designation if the Secretary considers such action to be in the best interest of the official inspection system. Directs the Secretary to collect reasonable fees to cover the estimated cost to the Department incident to the performance of official inspection. Provides for the collection of fees from designated official inspection agencies. Requires the weighing of all grain received at or shipped from export port elevators. Directs that such weighing be supervised by authorized Department of Agriculture employees. Allows the Secretary to delegate such functions to qualified State agencies. Allows the Secretary to revoke such delegation at any time upon notice to the agency without opportunity for a hearing. Provides for United States supervision of weighing of United States grain received at or shipped from export port elevators at Canadian ports. States that no weighing supervision shall be provided at any export port elevator unless the operator of such elevator has met specified requirements. Authorizes the Secretary to: (1) investigate the weighing and certification of the weight of grain shipped in interstate and foreign commerce; (2) require the maintenance of complete and accurate records of the weighing of such grain; and (3) prescribe by regulation the standards, procedures, and controls for accurate weighing and certification of weights of grain. Directs the Secretary to conduct a study concerning the supervision of weighing, the weighing and certification of weights of grain, and the inspection and testing of scales used in the weighing of grain, and to report the results of such study to specified Committees of the Congress. Prohibits the use of scales for weighing which have been disapproved by the Secretary or a State or local government agency or person designated by the Secretary. Requires that representatives of the Secretary be afforded access to any elevator, warehouse, or other storage or handling facility for grain. Authorizes the collection of fees to cover the cost to the Department of such supervision of weighing. Authorizes the collection of fees from any agency or person designated to perform weighing functions. Prohibits any person from performing official inspection functions unless such person holds an unsuspended, an unrevoked license, or authorization from the Secretary. Authorizes the Secretary to summarily revoke any license whenever the licensee has been convicted of any specified offense under this Act. Allows the Secretary to refuse to provide official inspection or weighing services under this Act with respect to any grain offered for such services if: (1) the individual involved has knowingly committed any violation specified in this Act or has been convicted of any Federal law with respect to the handling, weighing, or official inspection of grain; and (2) providing such service would be inimical to the integrity of the service. Authorizes the Secretary to assess a civil penalty not to exceed $50,000 per violation for such offenses. States that no official inspection agency or State agency delegated inspection authority personnel shall be employed in or engaged in or have any financial interest in, any business involving the commercial transportation, storage, merchandising, or other handling of grain; and that no business or governmental entity conducting any such business shall operate or be employed by, or have any financial interest in, any official inspection agency or a State agency delegated inspection authority. Requires any person who has obtained official inspection to, within a five year period thereafter, maintain complete and accurate records of grain transactions, and permit any authorized representative of the Secretary to have access to such records. Sets forth criminal penalties for violations of this Act. Makes it unlawful for any present or former officer or employee of the Department or of any State agency delegated authority under this Act to make public information obtained under this Act. States that such prohibition shall not apply to persons divulging information which he reasonably believes involves prohibited conduct under this Act or criminal activity. Authorizes necessary appropriations to carry out the provision of this Act. Directs the Secretary to make a study regarding the adequacy of current grain standards. Requires the Secretary to submit annually a summary of all complaints received by the Department from foreign purchasers and prospective purchasers of grain to specified Congressional committees, and the actions taken by him in implementing the provisions of this Act.

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Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 22 October 1976

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• Conference report filed in House

  summary · EN · 29 September 1976

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• Introduced in House

  summary · EN · 16 March 1976

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