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Code · STATUTE-COMPILATIONS · Agriculture Improvement Act of 2018 · Sec. 12610

Sec. 12610. EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS ACT

940 words·~4 min read·/statute-compilations/comps-15214/sec-12610

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## SEC. 12610 EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS ACT ###
(a)Geographic Boundaries for Official Agencies Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended— ####
(1)in subsection (f)(2)— #####
(A)by redesignating subparagraphs (A), (B), and
(C)as clauses (i), (iii), and (iv), respectively, and indenting appropriately; #####
(B)in the matter preceding clause
(i)(as so redesignated), by striking “ Not more ” and inserting the following: > > ##### “(A) In general > > Subject to subparagraph (B), not more” > ; #####
(C)in subparagraph
(A)(as so designated), in the matter preceding clause
(i)(as so redesignated), by striking “ Secretary, except that, if ” and inserting the following: > “Secretary. > > > ##### “(B) Exceptions > > Subject to subsection (g)(4)(A), if” > ; #####
(D)in subparagraph
(B)(as so designated), by inserting after clause
(i)the following: > > ### “(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;” > ; and #####
(E)by adding at the end the following: > > ##### “(C) Termination of nonuse of service exception > > The exception under subparagraph (B)(ii) may only be terminated if all parties to that exception jointly agree on the termination, unless terminated according to subsection (g)(4)(A). > > > ##### “(D) Restoration of certain exceptions > > > ###### “(i) Definition of eligible grain handling facility > > In this subparagraph, the term ‘eligible grain handling facility’ means a grain handling facility that— > > > ###### “(I) > > was granted an exception under the final rule entitled ‘Exceptions to Geographic Areas for Official Agencies Under the USGSA’ (68 Fed. Reg. 19137 (April 18, 2003)); and > > > ###### “(II) > > had that exception revoked between September 30, 2015, and the date of enactment of the Agriculture Improvement Act of 2018. > > > ###### “(ii) Restoration of exceptions > > Within 90 days of notification from an eligible grain handling facility, the Secretary shall restore an exception described in clause (i)(I) with an official agency if— > > > ###### “(I) > > the eligible grain handling facility and the former excepted official agency agree to restore that exception; and > > > ###### “(II) > > the eligible grain handling facility notifies the Secretary of the preferred date for restoration of the exception within 90 days of enactment of the Agriculture Improvement Act of 2018.” > ; and ####
(2)in subsection (g), by adding at the end the following: > > #### “(4) Effect on exceptions > > > ##### “(A) In general > > The exceptions under clauses
(ii)and
(iv)of subsection (f)(2)(B) shall not apply if the designation of an official agency is terminated, pursuant to paragraph (1). > > > ##### “(B) Designation renewed or restored > > If the designation of an official agency is renewed or restored after being terminated under paragraph (1), the Secretary may renew or restore the exceptions under subsection (f)(2)(B) in accordance with that subsection.” > . ###
(b)Unauthorized Weighing Prohibited Section 7A(i)(2) of the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is amended— ####
(1)by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (iii), respectively, and indenting appropriately; ####
(2)in the matter preceding clause
(i)(as so redesignated), by striking “ Not more ” and inserting the following: > > ##### “(A) In general > > Subject to subparagraph (B), not more” > ; ####
(3)in subparagraph
(A)(as so designated), in the matter preceding clause
(i)(as so redesignated), by striking “ Secretary, except that, if ” and inserting the following: > “Secretary. > > > ##### “(B) Exceptions > > If” > ; ####
(4)in subparagraph
(B)(as so designated)— #####
(A)in clause (i), by striking “or” at the end; and #####
(B)by inserting after clause
(i)the following: > > ### “(ii) > > a person requesting weighing services in that geographic area has not been receiving official weighing services from the current designated official agency for that geographic area; or” > ; and ####
(5)by adding after subparagraph
(B)(as so designated)— > > ##### “(C) Restoration of certain exceptions > > > ###### “(i) Definition of eligible grain handling facility > > In this subparagraph, the term ‘eligible grain handling facility’ means a grain handling facility that— > > > ###### “(I) > > was granted an exception under the final rule entitled ‘Exceptions to Geographic Areas for Official Agencies Under the USGSA’ (68 Fed. Reg. 19137 (April 18, 2003)); and > > > ###### “(II) > > had that exception revoked between September 30, 2015 and the date of enactment of the Agriculture Improvement Act of 2018. > > > ###### “(ii) Restoration of exceptions > > Within 90 days of notification from an eligible grain handling facility, the Secretary shall restore an exception described in clause (i)(I) with an official agency if— > > > ###### “(I) > > the eligible grain handling facility and the former excepted official agency agree to restore that exception; and > > > ###### “(II) > > the eligible grain handling facility notifies the Secretary of the preferred date for restoration of the exception within 90 days of enactment of the Agriculture Improvement Act of 2018.” > . ###
(c)Technical Correction Section 7(f)(1) of the United States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended by indenting subparagraph
(C)appropriately.
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  • 68 FR 19137
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Sec. 12610
EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS ACT
Fed. Reg.68 FR 19137
Cites 3Cited by 0 across 0 sources
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