eligible grain handling facility

(2) Geographic boundaries for official agencies.— (A) In general .— Subject to subparagraph (B), not more than one official agency designated under paragraph (1) or State delegated authority under subsection (e)(2) to carry out the inspection provisions of this chapter shall be operative at the same time in any geographic area defined by the Secretary. (B) Exceptions .— Subject to subsection (g)(4)(A), if the Secretary determines that the presence of more than one designated official agency in the same geographic area will not undermine the policy stated in section 74 of this title , the Secretary shall allow a designated official agency to cross boundary lines to carry out inspections in another geographic area if— (i) the current designated official agency for that geographic area is unable to provide inspection services in a timely manner; (ii) a person requesting inspection services in that geographic area has not been receiving official inspection services from the current designated official agency for that geographic area; (iii) a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot basis; or (iv) the current official agency for that geographic area agrees in writing with the adjacent official agency to waive the current geographic area restriction at the request of the applicant for service. (C) Termination of nonuse of service exception .— The exception under subparagraph (B)(ii) may only be terminated if all parties to that exception jointly agree on the termination, unless terminated according to subsection (g)(4)(A). (D) Restoration of certain exceptions.— (i) Definition of eligible grain handling facility .— In this subparagraph, the term “eligible grain handling facility” means a grain handling facility that— (I) was granted an exception under the final rule entitled “Exceptions to Geographic Areas for Official Agencies Under the USGSA” ( 68 Fed. Reg. 19137 ( April 18, 2003 )); and (II) had that exception revoked between September 30, 2015 , and December 20, 2018 . (ii) Restoration of exceptions .— Within 90 days of notification from an eligible grain handling facility, the Secretary shall restore an exception described in clause (i)(I) with an official agency if— (I) the eligible grain handling facility and the former excepted official agency agree to restore that exception; and (II) the eligible grain handling facility notifies the Secretary of the preferred date for restoration of the exception within 90 days of December 20, 2018 .

Source

7 USC § 79(f)(2)


Scoping language

In this subparagraph
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