Page:United States Statutes at Large Volume 104 Part 5.djvu/608

 104 STAT. 3930 PUBLIC LAW 101-624—NOV. 28, 1990 SEC. 2005. IMPROVING THE CLEANLINESS OF GRAIN. Section 4(b) of the United States Grain Standards Act (7 U.S.C. 7603)) is amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2)(A)(i) If the Administrator 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)) would— "(I) enhance the competitiveness of exports of wheat, corn, barley, sorghum and soybeans from the United States with wheat, corn, barley, sorghum and soybean exports marketed by other major exporters; "(II) result in the maintenance or expansion of the United States export market share for wheat, corn, barley, sorghum and soybeans; "(III) result in the maintenance or increase of United States producer income; and "(IV) be in the interest of United States agriculture, taking into consideration technical constraints, economic benefits and costs to producers and industry, price competitiveness, and importer needs; the Administrator shall establish or amend the standards to include economically and commercially practical levels of cleanliness for wheat, corn, barley, sorghum and soybeans. "(ii) The Administrator shall make a finding under this subsection for grain of the t3T)e described in clause (i) as soon as practicable after the date of enactment of this paragraph. "(B)(i) In establishing requirements for cleanliness characteristics, the Administrator shall— "(I) consider technical constraints, economic benefits and costs to producers and industry, the price competitiveness of United States agricultural production, and levels of cleanliness met by major competing nations that export wheat, corn, barley, sorghum and soybeans; Regulations. "(H) 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), subsequent revision of cleanliness requirements shall be conducted consistent with the schedule of the Administrator for reviewing grain standards. "(C) If the Administrator determines to establish requirements for cleanliness characteristics under this section, the Administrator shall ensure that such requirements are fully implemented not later than 6 years after the date of enactment of this paragraph.". SEC. 2006. GRADE DETERMINING FACTORS RELATED TO PHYSICAL SOUNDNESS AND PURITY. Section 4 of the United States Grain Standards Act (7 U.S.C. 76) (as amended by section 2005) is further amended— (1) by redesignating subsection (c) as subsection (d); and

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