§79b — Title 7 Agriculture | U.S. Code

Summary

The Secretary must test any equipment used to sample, grade, inspect, or weigh grain at elevators, warehouses, or other storage and handling sites where official services under this chapter are provided. Tests must be random and periodic and follow rules the Secretary sets to make sure the equipment is accurate. The Secretary can charge reasonable fees to cover testing by its employees, and those fees go into the fund created by section 79(j) of this title. Testing may be done by Secretary staff, by States or local governments, or by people supervised by the Secretary. No one may use equipment for work under this chapter unless the Secretary has approved it.

Title 7, §79b

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall provide for the testing of all equipment used in the sampling, grading, inspection, and weighing for the purpose of official inspection, official weighing, or supervision of weighing of grain located at all grain elevators, warehouses, or other storage or handling facilities at which official inspection or weighing services are provided under this chapter, to be made on a random and periodic basis, under such regulations as the Secretary may prescribe, as the Secretary deems necessary to assure the accuracy and integrity of such equipment. Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Secretary incident to the performance of such testing by employees of the Secretary. Such fees shall be deposited into the fund created by section 79(j) of this title.

(b)The Secretary is authorized to cause such testing provided for in subsection (a) to be performed (1) by personnel employed by the Secretary, or (2) by States, political subdivisions thereof, or persons under the supervision of the Secretary, under such regulations as the Secretary may prescribe.

(c)Notwithstanding any other provision of law, no person shall use for the purposes of this chapter any such equipment not approved by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (a). Pub. L. 106–472 struck out “but at least annually and” before “under such

Regulations

” in first sentence. 1994—Pub. L. 103–354 substituted “Secretary” for “Administrator” and “Service” wherever appearing. 1993—Subsec. (a). Pub. L. 103–156, which directed amendment of “section 7B(a)” by substituting “as the Administrator deems necessary” for “as he deems necessary”, without specifying the name of the Act being amended, was executed to this section, which is section 7B of the United States Grain Standards Act, to reflect the probable intent of Congress. 1977—Subsec. (a). Pub. L. 95–113, § 1604(f)(1), (2), substituted “and weighing for the purpose of official inspection, official weighing, or supervision of weighing of grain located at all grain elevators” for “and weighing of grain located at all grain elevators” and inserted provisions that

Regulations

provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of testing by employees of the Service and that the fees be deposited into the fund created by section 79(j) of this title. Subsec. (c). Pub. L. 95–113, § 1604(f)(3), substituted “shall use for the purposes of this chapter” for “shall use”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

Effective Date

Section effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as an

Effective Date

of 1976 Amendment note under section 74 of this title.

§79b Testing of equipment

Summary

Title 7, §79b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata