Page:United States Statutes at Large Volume 90 Part 2.djvu/1401

 PUBLIC LAW 94-582—OCT. 21, 1976

90 STAT. 2869

Service, all the powers of which shall be exercised by an Administrator, under the general direction and supervision of the Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall be responsible for the administration of this Act and for the establishment of policies, guidelines, and regulations by which the Service is to carry out the provisions of this Act.". STANDARDS

SEC. 5. Section 4 of the United States Grain Standards Act, as amended (7 U.S.C. 76), is amended as follows: (a) Subsection (a) is amended to read as follows: "(a) The Administrator is authorized to investigate the handling. Investigation, weighing, grading, and transportation of grain and to fix and establish (1) standards of kind, class, quality, and condition for corn, wheat, rye, oats, barley, flaxseed, grain sorghum, soybeans mixed grain, and such other grains as in his judgment the usages of the trade may warrant and permit, and (2) standards for accurate weighing and weight certification procedures and controls, including safe.":uards over equipment calibration and maintenance for grain shipped in interstate or foreign commerce; and the Administrator is authorized to amend or revoke such standards whenever the necessities of the trade may require.". (b) Subsection (b) is amended by striking out the word "Secretary" wherever it appears therein and inserting in lieu thereof the word "Administrator". OFFICIAL INSPECTION AND WEIGHING REQUIREMENTS

SEC. 6. Section 5 of the United States Grain Standards Act, as amended (7 U.S.C. 77), is amended to read as follows: "OFFICIAL INSPECTION AND WEIGHING RF^UIREMENTS

"SEC. 5. (a) "Whenever standards are effective under section 4 of this Act for any grain— Supra. "(1) no person shall ship from the United States to any place outside thereof any lot of such grain, unless such lot is officially weighed and officially inspected (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States) in accordance with such standards, and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or his agent, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Administrator may waive the foregoing Waiver, requirement in emergency or other circumstances which would not impair the objectives of this Act: Provided further, That the Administrator shall waive the requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment;

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