Sec. 12.2. records
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## Sec. 12.2 records **[**[7 U.S.C. 87a](/us/usc/t7/s87a)**]** ###
(a)Every official agency, every State agency delegated authority under this Act, and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act shall maintain such samples of officially inspected grain and such other records as the Secretary may by regulation prescribe for the purpose of administration and enforcement of this Act. 2The undesignated paragraph under the heading “salaries and expenses” under the heading “Federal Grain Inspection Service” in title I of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1994 (Public Law 103–111; 107 Stat. 1055; 7 U.S.C. 87a note) provides in the second proviso as follows: “*Provided further,* That hereafter, none of the funds available to the Federal Grain Inspection Service may be used to pay the salaries of any person or persons who require, or who authorize payments from fee-supported funds to any person or persons who require nonexport, nonterminal interior elevators to maintain records not involving official inspection or official weighing in the United States under Public Law 94–582 **[**the United States Grain Standards Act of 1976 (90 Stat. 2867)**]** other than those necessary to fulfill the purposes of such Act.”. ###
(b)Every official agency, every State agency delegated authority under this Act, and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act required to maintain records under this section shall keep such records for a period of five years after the inspection, weighing, or transaction, which is the subject of the record, occurred: *Provided,* That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Secretary, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Secretary or to be maintained for not more than three years in addition to the five-year period whenever in the judgment of the Secretary the retention of such records for the longer period is necessary for the effective administration and enforcement of this Act. ###
(c)Every official agency, every State agency delegated authority under this Act, and every person licensed to perform any official inspection or official weighing or supervision of weighing function under this Act required to maintain records under this section shall permit any authorized representative of the Secretary or the Comptroller General of the United States to have access to, and to copy, such records at all reasonable times. The Secretary shall, from time to time, perform audits of official agencies and State agencies delegated authority under this Act in such manner and at such periodic intervals as the Secretary deems appropriate. ###
(d)Every State, political subdivision thereof, or person who is the owner or operator of a commercial grain elevator, warehouse, or other storage or handling facility or is engaged in the merchandising of grain other than as a producer, and who, at any time, has obtained or obtains official inspection or weighing services shall maintain such complete and accurate records for such period of time as the Secretary may, by regulation, prescribe for the purpose of the administration and enforcement of this Act, and permit any authorized representative of the Secretary, at all reasonable times, to have access to, and to copy, such records and to have access to any grain elevator, warehouse, or other storage or handling facility used by such persons for handling of grain.
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U.S. Code
4 references not yet in our index
- Pub. L. 103-111
- 107 Stat. 1055
- Pub. L. 94-582
- 90 Stat. 2867
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Sec. 12.2
records
Pub. L.Pub. L. 103-111
Stat.107 Stat. 1055
Pub. L.Pub. L. 94-582
Stat.90 Stat. 2867
Cites 5Cited by 0 across 0 sources