Page:United States Statutes at Large Volume 82.djvu/808

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[82 STAT. 766]
[82 STAT. 766]
PUBLIC LAW 90-000—MMMM. DD, 1968

766

PUBLIC LAW 90-487-AUG. 15, 1968

[82 STAT.

" P R O H I B I T I O N O N CERTAIN CONFLICTS OF I N T E R E S T

Sampling functions.

"SEC. 11. No person, licensed or authorized by the Secretary to perform any oiRcial inspection function under this Act, or employed by the Secretary in otherwise carrying out any of the provisions of this Act, shall, during the term of such license, authorization, or employment, (a) be financially interested (directly or otherwise) in any business entity owning or operating any grain elevator or warehouse or engaged in the merchandising of grain, or (b) be in the employment of, or accept gratuities from, any such entity, or (c) be engaged in any other kind of activity specified by regulation of the Secretary as involving a conflict of interest: Provded, however, That the Secretary may license qualified employees of any grain elevators or warehouses to perform official sampling functions, under such conditions as the Secretary may by regulation prescribe, and the Secretary may by regulation provide such other exceptions to the restrictions of this section as he determines are consistent with the purposes of this Act. "RECORDS

Requirements.

Access ords.

"SEC. 12. (a) Every official inspection agency and every person licensed to perform any official inspection function under this Act shall maintain such samples of officially inspected grain and such other records as the Secretary may by regulation prescribe for the purpose of administration and enforcement of this Act. "(b) Every official inspection agency required to maintahi records under this section shall keep such records for a period of two years after the inspection or transaction, which is the subject of the record, occurred: Provided,, however,, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Secretary, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Secretary to be maintained for not more than three years in addition to said two-year period whenever in his judgment the retention of such records for the longer period is necessary for the effective administration and enforcement of this Act. "(c) Every official inspection agency required to maintain records under this section shall permit any authorized representative of the Secretary to have access to, and to copy, such records at all reasonable times. uP R O H I B I T E D ACTS

SEC. 13. (a) No person shall— "(1) knowingly falsely make, issue, alter, forge, or counterfeit any official certificate or other official form or official inspection mark; "(2) knowingly utter, publish, or use as true any falsely made, issued, altered, forged, or counterfeited official certificate or other official form or official inspection mark, or knowingly possess, without promptly notifying the Secretary or his representative, or fail to surrender to such a representative upon demand, any falsely made, issued, altered, forged, or counterfeited official inspection certificate or other official form^ or any device for making any official inspection mark or simulation thereof, or knowingly possess any grain in a container bearing any falsely made, issued, altered, forged, or counterfeited official inspection mark without promptly giving such notice;