Page:United States Statutes at Large Volume 82.djvu/806

 764

Reinspections and appe al inspec tions.

63 Stat. 377.

PUBLIC LAW 90-487-AUG. 15, 1968

[82

STAT.

judgment providing such service will elfectuate any of the objectives stated in section 2 of this Act. "(c) The regulations prescribed by the Secretary under this Act shall include provisions for reinspections and appeal inspections; cancellation of certificates superseded by reinspections and appeal inspections. The Secretary may provide by regulation that samples obtained by or for employees of the Department of Agriculture for purposes of official inspection shall become the property of the United States, and such samples may be disposed of without regard to the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.). " (d) Certificates issued and not canceled under this Act shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the facts stated therein. "(e) The Secretary may, under such regulations as he may prescribe, charge and collect reasonable fees to cover the estimated total cost of official inspection except when the inspection is performed by employees of an official inspection agency. The fees authorized by this paragraph shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Department of Agriculture incident to the performance of appeal and Canadian port inspection services for which the fees are collected, including supervisory and administrative costs. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Department of Agriculture incident to providing official inspection services. "(f) Not more than one inspection agency for carrying out the provisions of this section shall be operative at one time for any one city, town, or other area, but this subsection shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on the date of enactment of this subsection. "LICENSES AND AUTHORIZATIONS

L i c e n s e s, termination and suspension.

"SEC. 8. (a) The Secretary is authorized to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official inspection agency to perform all or specified functions involved in official inspection; to authorize any competent employee of the Department of Agriculture to perform all or specified functions involved in supervisory or appeal inspection or initial inspection of United States grain in Canadian ports; and to license any other competent individual to perform specified functions involved in official inspection under a contract with the Department of Agriculture. No person shall perform any official inspection functions for purposes of this Act unless he holds an unsuspended and unrevoked license or authorization from the Secretary under this Act. " (b) AH classes of licenses issued under this Act shall terminate triennially on a date or dates to be fixed by regulation of the Secretary: FWovided^ That any license shall be suspended automatically when the licensee ceases to be employed by an official inspection agency or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this Act: Provided further, That subject to paragraph (c) of this section, such license shall be reinstated if the licensee is employed by an official inspection agency or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim.

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