---
kind: "range"
citation: "7 U.S.C. §§ 73–76"
title: "7"
from: "73"
to: "76"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/7/73..76"
---

# [§73. Omitted — omitted]



# §74. Congressional findings and declaration of policy

- (a) [Grain](/usc/7/75.md?p=g) is an essential source of the world’s total supply of human food and [animal](/usc/7/8901.md?p=7) feed and is merchandised in interstate and foreign commerce. It is declared to be the policy of the Congress, for the promotion and protection of such commerce in the interests of [producers](/usc/7/6802.md?p=4-A-iii-III-bb), merchandisers, warehousemen, [processors](/usc/7/609.md?p=d-7-D), and consumers of [grain](/usc/7/75.md?p=g), and the general welfare of the people of the [United States](/usc/7/75.md?p=d), to provide for the establishment of official [United States](/usc/7/75.md?p=d) standards for [grain](/usc/7/75.md?p=g), to promote the uniform application thereof by [official inspection personnel](/usc/7/75.md?p=j), to provide for an [official inspection](/usc/7/75.md?p=i) system for [grain](/usc/7/75.md?p=g), and to regulate the weighing and the certification of the weight of [grain](/usc/7/75.md?p=g) shipped in [interstate or foreign commerce](/usc/7/75.md?p=f) in the manner hereinafter provided; with the objectives that [grain](/usc/7/75.md?p=g) may be marketed in an orderly and timely manner and that trading in [grain](/usc/7/75.md?p=g) may be facilitated. It is hereby found that all [grain](/usc/7/75.md?p=g) and other articles and transactions in [grain](/usc/7/75.md?p=g) regulated under this chapter are either in [interstate or foreign commerce](/usc/7/75.md?p=f) or substantially affect such commerce and that regulation thereof as provided in this chapter is necessary to prevent or eliminate burdens on such commerce and to regulate effectively such commerce.
- (b) It is also declared to be the policy of Congress—
  - (1) to promote the marketing of [grain](/usc/7/75.md?p=g) of high quality to both domestic and foreign buyers;
  - (2) that the primary objective of the official [United States](/usc/7/75.md?p=d) standards for [grain](/usc/7/75.md?p=g) is to certify the quality of [grain](/usc/7/75.md?p=g) as accurately as practicable; and
  - (3) that official [United States](/usc/7/75.md?p=d) standards for [grain](/usc/7/75.md?p=g) shall—
    - (A) define uniform and accepted descriptive terms to facilitate trade in [grain](/usc/7/75.md?p=g);
    - (B) provide information to aid in determining [grain](/usc/7/75.md?p=g) storability;
    - (C) offer users of such standards the best possible information from which to determine end-product yield and quality of [grain](/usc/7/75.md?p=g);
    - (D) provide the framework necessary for markets to establish [grain](/usc/7/75.md?p=g) quality improvement incentives;
    - (E) reflect the economic value-based characteristics in the end uses of [grain](/usc/7/75.md?p=g); and
    - (F) accommodate scientific advances in testing and new knowledge concerning factors related to, or highly correlated with, the end use performance of [grain](/usc/7/75.md?p=g).

# §75. Definitions


When used in this chapter, except where the context requires otherwise—

- (a) the term “Secretary” means the Secretary of Agriculture of the [United States](#d) or delegates of the Secretary;
- (b) the term “Department of Agriculture” means the [United States](#d) Department of Agriculture;
- (c) the term “person” means any individual, partnership, [corporation](/usc/7/1502.md?p=b-5), association, or other business entity;
- (d) the term “United States” means the [States](#e) (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia);
- (e) the term “State” means any one of the States (including Puerto Rico) or territories or possessions of the [United States](#d) (including the District of Columbia);
- (f) the term “interstate or foreign commerce” means commerce from any [State](#e) to or through any other [State](#e), or to or through any foreign country;
- (g) the term “grain” means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under [section 76 of this title](/usc/7/76.md);
- (h) the term “export grain” means [grain](#g) for shipment from the [United States](#d) to any place outside thereof;
- (i) the term “official inspection” means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by [official inspection personnel](#j) of the kind, class, quality, or condition of [grain](#g), under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of [grain](#g) insofar as it may affect the quality or condition of such [grain](#g); or other facts relating to [grain](#g) under other criteria approved by the [Secretary](#a) under this chapter (the term “officially inspected” shall be construed accordingly);
- (j) the term “official inspection personnel” means [persons](#c) licensed or otherwise authorized by the [Secretary](#a) pursuant to [section 84 of this title](/usc/7/84.md) to perform all or specified functions involved in [official inspection](#i), [official weighing](#x), or [supervision of weighing](#y), or in the supervision of [official inspection](#i), [official weighing](#x) or [supervision of weighing](#y);
- (k) the term “official mark” means any symbol prescribed by regulations of the [Secretary](#a) to show the official determination of [official inspection](#i) or [official weighing](#x);
- (l) the term “official grade designation” means a numerical or sample grade designation, specified in the standards relating to kind, class, quality, and condition of [grain](#g), provided for in this chapter;
- (m) the term “official agency” means any [State](#e) or local governmental agency, or any [person](#c), designated by the [Secretary](#a) pursuant to subsection (f) of [section 79 of this title](/usc/7/79.md) for the conduct of [official inspection](#i) (other than appeal inspection), or subsection (c) of [section 79a of this title](/usc/7/79a.md) for the conduct of [official weighing](#x) or [supervision of weighing](#y) (other than appeal weighing);
- (n) the terms “official certificate” and “official form” mean, respectively, a certificate or other form prescribed by regulations of the [Secretary](#a) under this chapter;
- (o) the term “official sample” means a sample obtained from a [lot](#q) of [grain](#g) by, and submitted for [official inspection](#i) by, [official inspection personnel](#j) (the term “official sampling” shall be construed accordingly);
- (p) the term “submitted sample” means a sample submitted by or for an [interested person](#r) for [official inspection](#i), other than an [official sample](#o);
- (q) the term “lot” means a specific quantity of [grain](#g) identified as such;
- (r) the term “interested person” means any [person](#c) having a [contract](/usc/7/518.md?p=4) or other financial interest in [grain](#g) as the owner, seller, purchaser, warehouseman, or carrier, or otherwise;
- (s) the verb “ship” with respect to [grain](#g) means transfer physical possession of the [grain](#g) to another [person](#c) for the purpose of transportation by any means of conveyance, or transport one’s own [grain](#g) by any means of conveyance;
- (t) the terms “false”, “incorrect”, and “misleading” mean, respectively, false, incorrect, and misleading in any particular;
- (u) the term “deceptive loading, handling, weighing, or sampling” means any manner of loading, handling, weighing, or sampling that deceives or tends to deceive [official inspection personnel](#j), as specified by regulations of the [Secretary](#a) under this chapter;
- (v) the term “export elevator” means any [grain](#g) elevator, warehouse, or other storage or handling facility in the [United States](#d) as determined by the [Secretary](#a), from which [grain](#g) is shipped from the [United States](#d) to an [area](/usc/7/1471.md?p=5) outside thereof;
- (w) the term “export port location” means a commonly recognized port of export in the [United States](#d) or Canada, as determined by the [Secretary](#a), from which [grain](#g) produced in the [United States](#d) is shipped to any place outside the [United States](#d);
- (x) the term “official weighing” means the determination and certification by [official inspection personnel](#j) of the quantity of a [lot](#q) of [grain](#g) under standards provided for in this chapter, based on the actual performance of weighing or the physical supervision thereof, including the physical inspection and testing for accuracy of the weights and scales and the physical inspection of the premises at which the weighing is performed and the monitoring of the discharge of [grain](#g) into the elevator or conveyance (the terms “officially weigh” and “officially weighed” shall be construed accordingly);
- (y) the term “supervision of weighing” means such supervision by [official inspection personnel](#j) of the [grain](#g)-weighing process as is determined by the [Secretary](#a) to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the [grain](#g) and such physical inspection by such personnel of the premises at which the [grain](#g) weighing is performed as will reasonably assure that all the [grain](#g) intended to be weighed has been weighed and discharged into the elevator or conveyance; and
- (z) the term “intracompany shipment” means the shipment, within the [United States](#d), of [grain](#g) [lots](#q) between facilities owned or controlled by the [person](#c) owning the [grain](#g). The shipment of [grain](#g) owned by a cooperative, from a facility owned by that cooperative, to an export facility which it jointly owns with other cooperatives, qualifies as an intracompany shipment.

# [§75a. Repealed. Pub. L. 103–354, title II, § 293(a)(2), Oct. 13, 1994, 108 Stat. 3237 — repealed]



# [§75b. Omitted — omitted]



# §76. Standards and procedures; establishment, amendment, and revocation

- (a) **Authority of Secretary—** The [Secretary](/usc/7/75.md?p=a) is authorized to investigate the handling, weighing, grading, and transportation of [grain](/usc/7/75.md?p=g) and to fix and establish (1) standards of kind, class, quality, and condition for corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed [grain](/usc/7/75.md?p=g), and such other [grains](/usc/7/75.md?p=g) as in the judgment of the [Secretary](/usc/7/75.md?p=a) 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](/usc/7/75.md?p=g) shipped in [interstate or foreign commerce](/usc/7/75.md?p=f); and the [Secretary](/usc/7/75.md?p=a) 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](/usc/7/75.md?p=a) shall publish notice of the proposals and give [interested persons](/usc/7/75.md?p=r) 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](/usc/7/75.md?p=a), the public health, interest, or safety require that they become effective sooner.
  - (2)
    - (A)
      - (i) If the [Secretary](/usc/7/75.md?p=a) 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)](#b-2-B)) would—
        - (I) enhance the competitiveness of exports of wheat, corn, barley, sorghum and soybeans from the [United States](/usc/7/75.md?p=d) with wheat, corn, barley, sorghum and soybean exports marketed by other major exporters;
        - (II) result in the maintenance or expansion of the [United States](/usc/7/75.md?p=d) export market share for wheat, corn, barley, sorghum and soybeans;
        - (III) result in the maintenance or increase of [United States](/usc/7/75.md?p=d) [producer](/usc/7/6802.md?p=4-A-iii-III-bb) income; and
        - (IV) be in the interest of [United States](/usc/7/75.md?p=d) agriculture, taking into consideration technical constraints, economic benefits and costs to [producers](/usc/7/6802.md?p=4-A-iii-III-bb) and industry, price competitiveness, and [importer](/usc/7/6802.md?p=4-A-iii-III-aa) needs;

        the [Secretary](/usc/7/75.md?p=a) 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](/usc/7/75.md?p=a) shall make a finding under this subsection for [grain](/usc/7/75.md?p=g) of the type described in [clause (i)](#b-2-A-i) as soon as practicable after November 28, 1990.
    - (B)
      - (i) In establishing requirements for cleanliness characteristics, the [Secretary](/usc/7/75.md?p=a) shall—
        - (I) consider technical constraints, economic benefits and costs to [producers](/usc/7/6802.md?p=4-A-iii-III-bb) and industry, the price competitiveness of [United States](/usc/7/75.md?p=d) 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)](#b-2-B-i-III), subsequent revision of cleanliness requirements shall be conducted consistent with the schedule of the [Secretary](/usc/7/75.md?p=a) for reviewing [grain](/usc/7/75.md?p=g) standards.
    - (C) If the [Secretary](/usc/7/75.md?p=a) determines to establish requirements for cleanliness characteristics under this section, the [Secretary](/usc/7/75.md?p=a) 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)](#a) for each [grain](/usc/7/75.md?p=g) for which official grades are established, the [Secretary](/usc/7/75.md?p=a) shall establish for each such [grain](/usc/7/75.md?p=g) 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](/usc/7/75.md?p=g). 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](/usc/7/75.md?p=a) shall establish factors and factor limits that will provide that [grain](/usc/7/75.md?p=g) meeting the requirements for grades number 3 and better will perform in accordance with general trade expectations for the predominant uses of such [grain](/usc/7/75.md?p=g).
  - (2) In establishing factors and factor limits under [paragraph (1)](#c-1), the [Secretary](/usc/7/75.md?p=a) 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](/usc/7/75.md?p=g) 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](/usc/7/75.md?p=l) of [grain](/usc/7/75.md?p=g), such criterion shall be included in determining the [official grade designation](/usc/7/75.md?p=l) of [grain](/usc/7/75.md?p=g) shipped to such country.