An inspection certificate issued by the authorized agents of the United States department of agriculture on file with the United States secretary of agriculture is prima facie evidence of the facts stated.
R 4529.Inspection certificate issued by United States department of agriculture
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4529 makes an inspection certificate issued by authorized agents of the United States Department of Agriculture and kept on file with the Secretary of Agriculture prima facie evidence of the facts the certificate states.
Full Text of CPLR 4529
Plain-English Summary
Agricultural inspection certificates, covering grading, quality, or condition of commodities like grain, meat, or produce, often matter in commercial disputes over shipments that fail to meet contract specifications. CPLR 4529 lets a party rely on the certificate itself rather than tracking down the inspecting agent to testify. An inspection certificate issued by authorized agents of the United States Department of Agriculture, on file with the Secretary of Agriculture, is prima facie evidence of the facts it states.
The rule fits naturally alongside the other official-record presumptions in this article. Federal agricultural inspectors generate certificates as part of a regulatory inspection process, and those certificates are kept on file with the federal agency. Rather than require live testimony to authenticate what a federal inspector found, CPLR 4529 lets the filed certificate speak for itself once produced.
The presumption is rebuttable, so a buyer or seller disputing the graded quality or condition of a shipment can still offer contrary evidence, its own inspection, expert testimony, contemporaneous records, to challenge what the USDA certificate shows.
Frequently Asked Questions
What does CPLR 4529 make prima facie evidence?
An inspection certificate issued by authorized agents of the United States Department of Agriculture, kept on file with the Secretary of Agriculture, is prima facie evidence of the facts stated in it.
What kinds of disputes rely on USDA inspection certificates?
Commercial disputes over the grade, quality, or condition of agricultural shipments, such as grain, meat, or produce, that a buyer claims did not meet contract specifications.
Do I need the USDA inspector to testify to use the certificate?
No. The certificate itself, once on file with the Secretary of Agriculture, is prima facie evidence without the inspector appearing in court.
Can a party challenge what a USDA inspection certificate says?
Yes. The presumption is prima facie, so a party can offer its own inspection results or other contrary evidence.
Does CPLR 4529 apply to state agricultural inspections?
The text is limited to certificates issued by authorized agents of the United States Department of Agriculture and filed with the Secretary of Agriculture; it does not by its terms cover state-level agricultural inspections.
Advisory Committee Notes
This rule is the same as former § 375-b, except for a number of minor language changes. The former requirement for certification of a copy and its admissibility is covered by CPLR rule 4539(a).
Amendment History
Formerly § 4529, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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