PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3931 (2) by inserting after subsection Q)) the following new subsection: "(c)(1) In establishing standards under subsection (a) for each grain for which official grades are established, the Administrator shall establish for each such grain officieil grade-determining factors and factor limits that reflect the levels of soundness and purity that are consistent with end-use performance goals of the major foreign and domestic users of each such grain. Such factors and factor limits for grades number 3 and better shall provide users of such standards the best possible information from which to determine end-use product quality. The Administrator shall establish factors and factor limits that will provide that grain meeting the requirements for grades number 3 and better will perform in accordance with general trade expectations for the predominant uses of such grain. "(2) In establishing factors and factor limits under paragraph (1), the Administrator shall provide for notice and an opportunity for public comment prior to making changes in the grad&determining factors and factor limits that shall be applicable under this section to grain that is officially graded.". SEC. 2007. TESTING FOR AFLATOXIN CONTAMINATION OF CORN SHIPPED IN FOREIGN COMMERCE. Section 5 of the United States Grain Standards Act (7 U.S.C. 77) is amended by inserting at the end the following new subsections: "(c) The Administrator is authorized and directed to require that all com exported from the United States be tested to ascertain whether it exceeds acceptable levels of aflatoxin contamination, unless the contract for export between the buyer and seller stipulates that aflatoxin testing shall not be conducted.". SEC. 2008. PROHIBITION OF CONTAMINATION. Section 13 of the United States Grain Standards Act (7 U.S.C. 87b) is amended by adding at the end the following new subsection: "(e)(1) The Administrator may prohibit the contamination of sound and pure grain as a result of the introduction of— "(A) nongrain substances; "(B) grain unfit for ordinary commercial purposes; or "(C) grain that exceeds action limits established by the Food and Drug Administration or grain having residues that exceed the tolerance levels established by the Environmental Protection Agency. "(2) No prohibition imposed under this section shall be construed to restrict the marketing of any grain so long as the grade or condition of the grain is properly identified. "(3) Prior to taking action under this subsection, the Adminis- Regulations. trator shall promulgate regulations after providing for notice and an opportunity for public comment, that identify and define actions and conditions that are subject to prohibition. "(4) In no case shall the Administrator prohibit the blending of an entire grade of grain. "(5) In implementing paragraph (I)(C), the Administrator shall Reports. report any prohibitions to other appropriate public health agencies.". SEC. 2009. STANDARDIZING COMMERCIAL INSPECTIONS. The United States Grain Standards Act (7 U.S.C. 71) is amended by adding at the end the following new section: 3»^194O-91- 20:QL3Part5
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