Title 7, AgricultureRelease 119-110
§79b Testing of Equipment
Title 7 › CHAPTER 3 — GRAIN STANDARDS › § 79b
Summary
The Secretary must test all equipment used for sampling, grading, inspecting, or weighing grain at elevators, warehouses, or other places that get official inspection or weighing. Tests must be random and happen at least once a year. Rules will say how the tests are done. The Secretary may charge reasonable fees to pay for testing. Those fees go into the fund in section 79(j). Testing can be done by federal employees, by States or local agencies, or by people supervised by the Secretary. No one may use equipment for these official services unless the Secretary has approved it.
Full Legal Text
Title 7, §79b
Agriculture, Source: USLM XML via OLRC
(a)Random and periodic testing at least annually; fees
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)Personnel to conduct testing
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)Use of non-approved equipment prohibited
Notwithstanding any other provision of law, no person shall use for the purposes of this chapter any such equipment not approved by the Secretary.
Legislative History
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.
Reference
Citations & Metadata
Citation
7 U.S.C. § 79b
Title 7, Agriculture
Last Updated
Sep 22, 2026
Release point: 119-110