Subsec. (1). Pub. L. 95-113, § 1602(b), revised the provisions relating to fees so as to remove requirement that field supervision of weighing be supported by fees. EFFECTIVE AND TERMINATION DATES OF 1981 Section 155 of Pub. L. 97-35 provided in part that amendment by Pub. L. 97-35 shall be effective for the period Oct. 1, 1981, through Sept. 30, 1984, inclusive. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE For effective date of section, see Effective Date of 1976 Amendment note set out under section 74 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 75, 84, 87, 87h of this title. § 79b. Testing of equipment (a) Random and periodic testing at least annually; fees The Administrator shall provide for the testing of all equipment used in the sampling, grading, inspection, and weighing for the purpose of official inspection, official weighing, or supervision of weighing of grain located at all grain elevators, warehouses, or other storage or handling facilities at which official inspection or weighing services are provided under this chapter, to be made on a random and periodic basis, but at least annually and under such regulations as the Administrator may prescribe, as he deems necessary to assure the accuracy and integrity of such equipment. Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of such testing by employees of the Service. Such fees shall be deposited into the fund created by section 79(j) of this title. (b) Personnel to conduct testing The Administrator is authorized to cause such testing provided for in subsection (a) of this section to be performed (1) by personnel employed by the Service, or (2) by States, political subdivisions thereof, or persons under the supervision of the Administrator, under such regulations as the Administrator may prescribe. (c) Use of non-approved equipment prohibited Notwithstanding any other provision of law, no person shall use for the purposes of this chapter any such equipment not approved by the Administrator. (Aug. 11, 1916, ch. 313, part B, § 7B, as added Oct. 21, 1976, Pub. L. 94-582, § 9, 90 Stat. 2877, and amended Sept. 29, 1977, Pub. L. 95-113, title XVI, § 1604(f), 91 Stat. 1028.) AMENDMENTS 1977-Subsec. (a). Pub. L. 95-113, § 1604(f)(1), (2), substituted "and weighing for the purpose of official inspection, official weighing, or supervision of weighing of grain located at all grain elevators" for "and weighing of grain located at all grain elevators" and added provisions that regulations provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of testing by employees of the Service and that the fees be deposited into the fund created by section 79(j) of this title. Subsec. (c). Pub. L. 95-113, § 1604(f)(3), substituted "shall use for the purposes of this chapter" for "shall use". EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE For effective date of section, see Effective Date of 1976 Amendment note set out under section 74 of this title. § 79c. Limitation on administrative and supervisory costs The total administrative and supervisory costs which may be incurred under this chapter for inspection and weighing (excluding standardization, compliance, and foreign monitoring activities) for each of the fiscal years 1982 through 1984 shall not exceed 35 per centum of the total costs for such activities carried out by the Service for such year. (Aug. 11, 1916, ch. 313, part B, § 7C, as added Aug. 13, 1981, Pub. L. 97-35, title I, § 155(3), 95 Stat. 372.) EFFECTIVE AND TERMINATION DATES Section 155 of Pub. L. 97-35 provided in part that section shall be effective for the period Oct. 1, 1981, through Sept. 30, 1984, inclusive. §§ 80 to 83. Omitted CODIFICATION Sections were omitted in the general reorganization of this chapter by Pub. L. 90-487, § 1, Aug. 15, 1968, 82 Stat. 761. Section 80, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, provided for the revocation and suspension of licenses issued by the Secretary of Agriculture. See section 85 of this title. Section 81, act Aug. 11, 1916, ch. 313, pt. B, §7 (part), 39 Stat. 484, prohibited the existence of an interest, financial or otherwise, direct or indirect, on the part of inspectors in grain elevators or warehouses or in the merchandising of grain. See section 87 of this title. Section 82, act Aug. 11, 1916, ch. 313, pt. B, §7 (part), 39 Stat. 484, required the maintenance of records and reports by inspectors. See section 87a of this title. Section 83, act Aug. 11, 1916, ch. 313, pt. B, § 7 (part), 39 Stat. 484, called for a semiannual report by the Secretary of Agriculture on the delivery of grain in the nation. § 84. Licensing of inspectors (a) Authorization The Administrator is authorized (1) to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing, other than appeal weighing, of grain in the United States; (2) to authorize any competent employee of the Service to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing (including appeal weighing) of grain in the United States, or of United States grain in Canadian ports, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (D) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this chapter; (3) to contract with any person or governmental agency to perform specified sampling, laboratory testing, and similar technical functions and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this chapter. No person shall perform any official inspection or weighing function for purposes of this chapter unless such person holds an unsuspended and unrevoked license or authorization from the Administrator under this chapter. (b) Duration of licenses; suspension; reinstatement All classes of licenses issued under this chapter shall terminate triennially on a date or dates to be fixed by regulation of the Administrator: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this chapter: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. (c) Examination of applicants; reexaminations The Administrator may require such examinations and reexaminations as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Service, to perform any official inspection or weighing function under this chapter. (d) Inspectors performing under contract not deemed Federal employees Persons employed by an official agency (including persons employed by a State agency under a delegation of authority pursuant to this chapter) and persons performing official inspection functions under contract with the Service shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this chapter or by the rules and regulations of the Administrator, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of title 18. (e) Hiring of official inspection personnel and supervisory personnel without regard to laws governing appointments to the competitive service The Administrator may hire (without regard to the provisions of title 5 governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on October 21, 1976) to perform functions of official inspection under this chapter and as personnel to perform supervisory weighing or official weighing functions any individual who, on October 21, 1976, was performing similar functions: Provided, That the Administrator determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individual will be assigned. The Administrator may compensate such personnel at any rate within the appropriate grade of the General Schedule as the Administrator deems necessary without regard to section 5333 of title 5. (f) Periodic rotation of personnel The Administrator shall provide for the periodic rotation of supervisory personnel and official inspection personnel employed by the Service as he deems necessary to preserve the integrity of the official inspection and weighing system provided by this chapter. (g) Recruitment, training, and supervision of personnel; work production standards; exemption for certain personnel The Administrator shall develop and effectuate standards for the recruiting, training, and supervising of official inspection personnel and appropriate work production standards for such personnel, which shall be applicable to the Service, all State agencies under delegation of authority pursuant to this chapter, and all official agencies and all persons licensed or authorized to perform functions under this chapter: Provided, That persons licensed or authorized on October 21, 1976, to perform any official function under this chapter, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Administrator determines that such persons are technically and professionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Administrator deems necessary. (Aug. 11, 1916, ch. 313, part B, § 8, 39 Stat. 485; Aug. 15, 1968, Pub. L. 90-487, § 1, 82 Stat. 764; Oct. 21, 1976, Pub. L. 94-582, § 10, 90 Stat. 2877; Sept. 29, 1977, Pub. L. 95-113, title XVI, §§ 1604(g), 1606(f), 91 Stat. 1028, 1030.) REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (e), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (e), is set out under section 5332 of Title 5. AMENDMENTS 1977-Subsec. (a)(1). Pub. L. 95-113, § 1604(g)(1)(A), substituted "weighing, other than appeal weighing, of grain" for "weighing of grain”. Subsec. (a)(2)(B). Pub. L. 95-113, § 1604(g)(1)(B), substituted "weighing (including appeal weighing) of grain in the United States, or of United States grain in Canadian ports" for "weighing of grain". Subsec. (a)(3). Pub. L. 95-113, § 1604(g)(1)(C), substituted "any person or governmental agency specified sampling, laboratory testing, and similar technical functions" for "any person to perform specified sampling and laboratory testing". Subsec. (e). Pub. L. 95-113, § 1604(g)(2), added provisions authorizing the Administrator to compensate the personnel at any rate within the appropriate grade of the General Schedule as the Administrator deems necessary without regard to section 5333 of title 5. Subsec. (f). Pub. L. 95-113, § 1606(f), substituted "official inspection and weighing system" for "official inspection system". 1976-Subsec. (a). Pub. L. 94-582 substituted "Administrator" for "Secretary" in two instances; designated existing provisions as item (1) and substituted therein "official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States" for "official inspection agency to perform all or specified functions involved in official inspection"; substituted provisions designated as item (2) for "to authorize any competent employee of the Department of Agriculture to perform all or specified functions involved in supervisory or appeal inspection or initial inspection of United States grain in Canadian ports"; added items (3) and (4); deleted authorization to license any competent individual to perform specified functions involved in official inspection under a contract with the Department of Agriculture; and conditioned performance of any official weighing function on the holding of a license or authorization. Subsec. (b). Pub. L. 94-582 substituted "Administrator" for "Secretary", "official agency" for "official inspection agency" in two instances, and "subsection (c)" for "paragraph (c)”, and inserted provision respecting employment of licensee by a State agency under a delegation of authority pursuant to this chapter in two instances. Subsec. (c). Pub. L. 94-582 substituted "Administrator" for "Secretary" and "Service" for "Department of Agriculture" and included performance of weighing function. Subsec. (d). Pub. L. 94-582 substituted "official agency (including persons employed by a State agency under a delegation of authority pursuant to this chapter)" for "official inspection agency" and "contract with the Service" for "contracts with the Department of Agriculture" and added provision respecting status as persons acting for or on behalf of the United States in application of sections 118, 201, and 1114 of Title 18. Subsecs. (e) to (g). Pub. L. 94-582 added subsecs. (e) to (g). 1968-Pub. L. 90-487 substituted provisions for the licensing and examination and reexamination of in spectors for provisions authorizing the Secretary of Agriculture to promulgate rules and regulations. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by Pub. L. 94-582, see Effective Date of 1976 Amendment note set out under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 75, 77, 79, 87b of this title. § 85. Suspension, revocation, and refusal to renew licenses; hearing; grounds; temporary suspension The Administrator may refuse to renew, or may suspend or revoke, any license issued under this chapter whenever, after the licensee has been afforded an opportunity for a hearing, the Administrator shall determine that such licensee is incompetent, or has inspected or weighed or supervised the weighing of grain for purposes of this chapter, by any standard or criteria other than as provided for in this chapter, or has issued, or caused the issuance of, any false or incorrect official certificate or other official form, or has knowingly or carelessly inspected or weighed or supervised the weighing of grain improperly under this chapter, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used his license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this chapter or of the regulations prescribed or instructions issued to him by the Administrator under this chapter. The Administrator may, without first affording the licensee an opportunity for a hearing, suspend any license temporarily pending final determination whenever the Administrator deems such action to be in the best interests of the official inspection system under this chapter. The Administrator may summarily revoke any license whenever the licensee has been convicted of any offense prohibited by section 87b of this title or convicted of any offense proscribed by title 18, with respect to performance of functions under this chapter. (Aug. 11, 1916, ch. 313, part B, § 9, 39 Stat. 485; Aug. 1, 1956, ch. 812, 70 Stat. 780; Aug. 15, 1968; Pub. L. 90-487, § 1, 82 Stat. 765; Oct. 21, 1976, Pub. L. 94-582, § 11, 90 Stat. 2879.) AMENDMENTS 1976-Pub. L. 94-582 substituted "Administrator" for "Secretary" wherever appearing and "inspected or weighed or supervised the weighing of" for "inspected" in two instances and authorized summary revocation of licenses based on conviction of prescribed offenses. 1968-Pub. L. 90-487 substituted provisions authorizing the suspension, revocation, and refusal of renewal of licenses by the Secretary, for provisions setting out the penalties for violations of this chapter. 1956-Act Aug. 1, 1956, provided penalties for persons who knowingly sample grain improperly and for persons who knowingly or willfully cause or attempt to cause the issuance of a false grade certificate by deceptive loading, handling, or sampling of grain, or any other means. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by Pub. L. 94-582, see Effective Date of 1976 Amendment note set out under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 79, 79a, 87e of this title. § 86. Refusal of inspection and weighing services; civil penalties (a) Grounds for refusal of services The Administrator may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this chapter) refuse to provide official inspection or the services related to weighing otherwise available under this chapter with respect to any grain offered for such services, or owned, wholly or in part, by any person if he determines (1) that the individual (or in case such person is a partnership, any general partner; or in case such person is a corporation, any officer, director, or holder or owner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof; or in case of any such business entity, any individual who is otherwise responsibly connected with the business) has knowingly committed any violation of section 87b of this title, or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused for any of the above-specified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing such service with respect to such grain would be inimical to the integrity of the service. (b) Persons responsibly connected with a business For purposes of subsection (a) of this section, a person shall be deemed to be responsibly connected with a business if he was or is a partner, officer, director, or holder or owner of 10 per centum or more of its voting stock, or an employee in a managerial or executive capacity. (c) Civil penalties In addition to, or in lieu of, penalties provided under section 87c of this title, or in addition to, or in lieu of, refusal of official inspection or services related to weighing in accordance with this section, the Administrator may assess against any person who has knowingly committed any violation of section 87b of this title or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain a civil penalty not to exceed $75,000 for each such violation as the Administrator determines is appropriate to effectuate the objectives stated in section 74 of this title. (d) Opportunity for hearing; temporary refusal without hearing pending final determination Before official inspection or services related to weighing is refused to any person or a civil penalty is assessed against any person under this section, such person shall be afforded opportunity for a hearing in accordance with sections 554, 556, and 557 of title 5: Provided, That the Administrator may, without first affording the person a hearing, refuse official inspection or services related to weighing temporarily pending final determination whenever the Administrator has reason to believe there is cause for refusal of inspection or services related to weighing and considered such action to be in the best interest of the official inspection system under this chapter. The Administrator shall afford such person an opportunity for a hearing within seven days after temporarily refusing official inspection or services related to weighing; and such hearing and ancillary procedures related thereto shall be conducted in an expedited manner. (e) Collection and disposition of civil penalties Moneys received in payment of such civil penalties shall be deposited in the general fund of the United States Treasury. Upon any failure to pay the penalties assessed under this section, the Administrator may request the Attorney General of the United States to institute a civil action to collect the penalties in the appropriate court identified in subsection (h) of section 87f of this title for the jurisdiction in which the respondent is found or resides or transacts business, and such court shall have jurisdiction to hear and decide any such action. (Aug. 11, 1916, ch. 313, part B, § 10, 39 Stat. 485; Aug. 15, 1968, Pub. L. 90-487, § 1, 82 Stat. 765; Oct. 21, 1976, Pub. L. 94-582, § 12, 90 Stat. 2879.) AMENDMENTS 1976-Subsec. (a). Pub. L. 94-582 substituted “Administrator" for "Secretary”, “grain offered for such services" for "grain offered for inspection", "has knowingly committed any violation of section 87b of this title or has been convicted of any violation of other Federal law with respect to the handling, weighing, or official inspection of grain, or that official inspection or the services related to weighing have been refused" for "has been convicted of any violation of section 87b of this title, or that official inspection has been refused", and "integrity of the service" for "integrity of the official inspection service", and authorized refusal of provision of services relating to weighing. Subsec. (c). Pub. L. 94-582 added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 94-582 redesignated provisions of former subsec. (c) as (d), inserted "or services related to weighing" preceding "is refused", inserted "or a civil penalty is assessed against any person under this section" following "to any person", provided for the hearing under sections 554, 556, and 557 of Title 5, and added provisions relating to temporary refusal without hearing pending final determination. Subsec. (e). Pub. L. 94-582 added subsec. (e). 1968-Pub. L. 90-487 substituted provisions authorizing the Secretary to refuse official inspection and affording an opportunity for a hearing in such a case, for provisions setting the penalty for interference with the execution of official duties. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by Pub. L. 94-582, see Effective Date of 1976 Amendment note set out under section 74 of this title. EFFECTIVE DATE OF 1968 Amendment For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 79, 79a, 87c of this title. § 87. Conflicts of interest (a) Prohibition with respect to persons licensed or authorized by Administrator to perform official functions No person licensed or authorized by the Administrator to perform any official function under this chapter, or employed by the Administrator in otherwise carrying out any of the provisions of this chapter, shall, during the term of such license, authorization, or employment, (a) be financially interested (directly or otherwise) in any business entity owning or operating any grain elevator or warehouse or engaged in the merchandising of grain, or (b) be in the employment of, or accept gratuities from, any such entity, or (c) be engaged in any other kind of activity specified by regulation of the Administrator as involving a conflict of interest: Provided, however, That the Administrator may license qualified employees of any grain elevators or warehouses to perform official sampling functions, under such conditions as the Administrator may by regulation prescribe, and the Administrator may by regulation provide such other exceptions to the restrictions of this section as he determines are consistent with the purposes of this chapter. (b) Prohibition with respect to personnel of official or State agencies and business or governmental entities related to such agencies; substantial stockholder; use of official inspection service; authority delegation; report to Congressional committees (1) No official agency or a State agency delegated authority under this chapter, or any member, director, officer, or employee thereof, and no business or governmental entity related to any such agency, shall be employed in or otherwise engaged in, or directly or indirectly have any stock or other financial interest in, any business involving the commercial transportation, storage, merchandising, or other commercial handling of grain, or the use of official inspection service (except that in the case of a producer such use shall not be prohibited for grain in which he does not have an interest); and no business or governmental entity conducting any such business, or any member, director, officer, or employee thereof, and no other business or governmental entity related to any such entity, shall operate or be employed by or directly or indirectly have any stock or other financial interest in, any official agency or a State agency delegated inspection authority. Further, no substantial stockholder in any incorporated official agency shall be employed in or otherwise engaged in, or be a substantial stockholder in any corporation conducting any such business, or directly or indirectly have any other kind of financial interest in any such business; and no substantial stockholder in any corporation conducting such a business shall operate or be employed by or be a substantial stockholder in, or directly or indirectly have any other kind of financial interest in, any official agency. (2) A substantial stockholder of a corporation shall be any person holding 2 per centum or more, or one hundred shares or more, of the voting stock of the corporation, whichever is the lesser interest. Any entity shall be considered to be related to another entity if it owns or controls, or is owned or controlled by, such other entity, or both entities are owned or controlled by another entity. (3) Each State agency delegated official weighing authority under section 79a of this title and each State or local agency or other person designated by the Administrator under such section to perform official weighing or supervision of weighing shall be subject to the provisions of subsection (b) of this section. The term "use of official inspection service" shall be deemed to refer to the use of the services provided under such a delegation or designation. (4) If a State or local governmental agency is delegated authority to perform official inspection or official weighing or supervision of weighing, or a State or local governmental agency is designated as an official agency, the Administrator shall specify the officials and other personnel thereof to which the conflict of interest provisions of this subsection (b) apply. (5) Notwithstanding the foregoing provisions of this subsection, the Administrator may delegate authority to a State agency or designate a governmental agency, board of trade, chamber of commerce, or grain exchange to perform official inspection or perform official weighing or supervision of weighing except that for purposes of supervision of weighing only, he may also designate any other person, if he determines that any conflict of interest which may exist between the agency or person or any member, director, officer, employee, or stockholder thereof and any business involving the transportation, storage, merchandising, other handling of grain or use of official inspection or weighing service is not such as to jeopardize the integrity or the effective and objective operation of the functions performed by such agency. Whenever the Administrator makes such a determination and makes a delegation or designation to an agency that has a conflict of interest otherwise prohibited by this or |