§ 84. Licensing of inspectors
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/usc/title-7/section-84A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Authorization The Secretary is authorized
(1)to issue a license to any individual upon presentation to the Secretary of satisfactory evidence that such individual is competent, and is employed (or is supervised under a contractual arrangement) 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 Secretary 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, inspection, weighing, 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. Except as otherwise provided in sections 79(i) and 79a(d) of this title, 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 Secretary under this chapter.
(b)Duration of licenses; suspension; reinstatement All classes of licenses issued under this chapter shall terminate every 5 years on a date or dates to be fixed by regulation of the Secretary: 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 under the terms of a contract for the conduct of any functions 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 Secretary may require such examinations and reexaminations as the Secretary may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Secretary, to perform any official inspection or weighing function under this chapter.
(d)Inspectors performing under contract not deemed Federal employees Persons employed or supervised under a contractual arrangement by an official agency (including persons employed or supervised under a contractual arrangement by a State agency under a delegation of authority pursuant to this chapter) and persons performing official inspection functions under contract with the Secretary 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 Secretary, 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 Secretary 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 Secretary 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 Secretary may compensate such personnel at any rate within the appropriate grade of the General Schedule as the Secretary deems necessary without regard to section 5333 of title 5.
(f)Periodic rotation of personnel The Secretary shall provide for the periodic rotation of supervisory personnel and official inspection personnel employed by the Secretary as the Secretary 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 Secretary 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 Secretary, 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 Secretary 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 Secretary deems necessary.
(Aug. 11, 1916, ch. 313, pt. B, § 8, 39 Stat. 485; Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 764; Pub. L. 94–582, § 10, Oct. 21, 1976, 90 Stat. 2877; Pub. L. 95–113, title XVI, §§ 1604(g), 1606(f), Sept. 29, 1977, 91 Stat. 1028, 1030; Pub. L. 103–156, §§ 6, 12(g), Nov. 24, 1993, 107 Stat. 1526, 1528; Pub. L. 103–354, title II, § 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 106, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 114–54, title III, § 301(e), Sept. 30, 2015, 129 Stat. 520.)
Connections29 cite this · traces to 7
Cited by 29 sections · top 19
U.S. Code
public-private-law
statutes-at-large
- Public Law 94–582To amend the United States Grain Standards Act to improve the grain inspection and weighing system, and for other purposes
- Public Law 91–563
- Public Law 114–54To amend the Agricultural Marketing Act of 1946 to extend the livestock mandatory price reporting requirements, and for other purposes
- Public Law 106–472To amend the United States Grain Standards Act to extend the authority of the Secretary of Agriculture to collect fees to cover the cost of services performed under that Act, extend the authorization of appropriations for that Act, and improve the administration of that Act, to reenact the United St
- Public Law 95–113To provide price and income protection for farmers and assure consumers of an abundance of food and filter at reasonable prices, and for other purposes
- Public Law 100–518To amend the United States Grain Standards Act to extend through September 30, 1993, the authority contained in section 155 of the Omnibus Reconciliation Act of 1981 and Public Law 98–469 to charge and collect inspection and weighing fees, and for other purposes
statute-compilations
bill
- Sec. 301Reauthorization of United States Grain Standards Act
- Sec. 301Reauthorization of United States Grain Standards Act
- Sec. 2Reauthorization of United States Grain Standards Act
- Sec. 2Reauthorization of United States Grain Standards Act
- Sec. 2Reauthorization of United States Grain Standards Act
- Sec. 2Reauthorization of United States Grain Standards Act
- Sec. 2Reauthorization of United States Grain Standards Act
Traces to 7 documents
U.S. Code
- Bribery of public officials and witnesses§ 201
- Minimum rate for new appointments§ 5333
- The General Schedule§ 5332
- Limitation on payments under wheat, feed grains, and cotton programs for 1974 through 1977 crops§ 1307
- Congressional findings and declaration of policy§ 74
- Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States§ 78
public-private-law
32 references not yet in our index
- Aug. 11, 1916, ch. 313
- 39 Stat. 485
- Pub. L. 90–487, § 1
- 82 Stat. 764
- Pub. L. 94–582, § 10
- 90 Stat. 2877
- Pub. L. 95–113, title XVI
- 91 Stat. 1028
- Pub. L. 103–156
- 107 Stat. 1526
- Pub. L. 103–354, title II, § 293(a)(7)
- 108 Stat. 3237
- Pub. L. 106–472, title I, § 106
- 114 Stat. 2060
- 129 Stat. 520
- Pub. L. 106–472
- Pub. L. 103–354
- Pub. L. 103–156, § 12(g)
- Pub. L. 103–156, § 6(2)
- Pub. L. 103–156, § 12(g)(2)
- Pub. L. 103–156, § 6(3)
- Pub. L. 95–113, § 1604(g)(1)(A)
- Pub. L. 95–113, § 1604(g)(1)(B)
- Pub. L. 95–113, § 1604(g)(1)(C)
- Pub. L. 95–113, § 1604(g)(2)
- Pub. L. 95–113, § 1606(f)
- Pub. L. 94–582
- Pub. L. 90–487
- Pub. L. 95–113
- section 1901 of Pub. L. 95–113
- section 27 of Pub. L. 94–582
- section 2 of Pub. L. 90–487
Citation graph
cites case law
§ 84
Licensing of inspectors
Bills×11
Stat.×8
U.S.C.×7
Stat. Comp.×2
Pub. L.×1
ActAug. 11, 1916, ch. 313
Stat.39 Stat. 485
Pub. L.Pub. L. 90–487, § 1
Stat.82 Stat. 764
Pub. L.Pub. L. 94–582, § 10
Cites 39 · showing 12Cited by 29 across 5 sources