§ 79a. Weighing authority

Footnotes

1. 1 So in original. Probably should be “the Secretary’s”.
2. 2 See United States Grain Standards Act Extension note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1916

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 9 · 90 Stat. 2867

   Enacted · 7 U.S.C. § 79a

   Aug. 11, 1916, ch. 313, pt. B, § 7A, as added Pub. L. 94–582, § 9, Oct. 21, 1976, 90 Stat. 2875

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 7A, as added Pub. L. 94–582, § 9, Oct. 21, 1976, 90 Stat. 2875

   Enacted provision · exact public law section
   Sec. 9. weighing and equipment testing The United States Grain Standards Act, as amended, is amended by adding new sections 7A and 7B as follows: (a) The Administrator shall cause official weighing Regulations. 7 USC 79a. Ante, p. 2869. Ante, p. 2869. under standards provided for in section 4 of this Act to be made of all grain required to be officially weighed as provided in section 5 of this Act, in accordance with such regulations as the Administrator may prescribe. “(b) The Administrator is authorized to cause supervision of Supervision, regulations. weighing under standards provided in section 4 of this Act to be performed at any grain elevator, warehouse, or other storage or handling facility located other than at export port locations at which official inspection is provided pursuant to the provisions of this Act, in such manner as the Administrator deems appropriate and under such regulations as the Administrator may provide. “(c) (1) With respect to official weighing or supervision of weighing for locations at which official inspection is provided by the Service, the Administrator shall cause such official weighing or supervision of weighing to be performed by official inspection personnel employed by the Service. “(2) With respect, to official weighing or supervision of weighing Authority delegation. for any location at which official inspection is provided other than by the Service, the Administrator is authorized, with respect to export port locations, to delegate authority to perform official weighing to the State agency providing official inspection service at such location, and with respect to any other location, to designate the agency or person providing official inspection service at such location to perform supervision of weighing, if such agency or person qualifies for a delegation of authority or designation number section 7 of this Act, Ante, p. 2870. except that where the term ‘official inspection’ is used in such section it shall be deemed to refer to ‘official weighing’ or ‘supervision of weighing’ under this section. If such agency or person is not available to perform such weighing services, or the Administrator determines that such agency or person is not qualified to perform such weighing services, then (A) at export elevators at export port locations official weighing shall be performed by official inspection personnel employed by the Service, and (B) at any other location, the Administrator is authorized to cause supervision of weighing to be performed by official inspection personnel employed by the Service or designate any State or local governmental agency, or any person to perform supervision of weighing, if such agency or person meets the same criteria that agencies must meet to be designated to perform official inspection as set out in section 7 of this Act, except that where the term ‘official inspection’ is used in such section it shall be deemed to refer to ‘supervision of weigliing’ under this section. Delegations and designations made pursuant to this subsection shall be subject to the same provisions for delegations and designations set forth hi subsection (g) of section 7 of this Act. “(d) The Administrator is authorized to cause official weighing Canadian Government, weighing agreement. Ante, p. 2869. under this Act to be made, as provided in subsection (a) of section 5 of this Act, in Canadian ports of United States export grain transshipped through Canada; and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such official weighing. “(e) The Administrator is further authorized to cause official weighing or supervision of weighing under standards provided for in section 4 of this Act to be made at grain elevators, warehouses, or other storage or handling facilities not subject to subsection (a) or (b) of this section, upon request of the operator of such grain elevator, warehouse, or other storage or handling facility and in accordance with such regulations as he may prescribe. Such weighing service shall not be provided for periods of less than one year; and the fees therefor shall be set separately from those fees provided for in subsection (1) of this section and shall lie reasonable, non discriminatory, and equal, as nearly as possible, to the cost of providing such services. “(f) No official weighing or supervision of weighing shall be provided for the purposes of this Act at any grain elevator, warehouse, or other storage or handling facility until such time as the operator of the facility has demonstrated to the satisfaction of the Administrator that the operator (1) has and will maintain, in good order, suitable grain-handling equipment and accurate scales for all weighing of grain at the facility, in accordance with the regulations of the Administrator; (2) will employ only competent persons with a reputation for honesty and integrity to operate the scales and to handle grain in connection with weighing of the grain, in accordance with this Act; (3) when weighing is to be done by employees of the facility, will require employees to operate the scales in accordance with the regulations of the Administrator and to require that each lot of grain for delivery from any railroad car, truck, barge, vessel, or other means of conveyance at the facility is entirely removed from such means of conveyance and delivered to the scales without, avoidable waste or loss, and each lot of grain weighed at the elevator for shipment from the facility is entirely delivered to the means of conveyance for which intended, and without, avoidable waste or loss, in accordance with the regulations of the Administrator; (4) will provide all assistance needed by the Administrator for making any inspection or examination and carrying out other functions at the facility pursuant to this Act; and (5) will comply with all other requirements of this Act and the regulations hereunder. “(g) Official certificates setting out the results of official weighing, issued and not cancelled under this Act, shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the facts stated therein. “(h) No State or local governmental agency or person shall weigh or state in any document the weight of grain determined at a location where official weighing is required to lie performed as provided for in this section except n accordance with the procedures prescribed pursuant to this section. “(i) No State or person other than an authorized employee of the Service shall perform official weighing or supervision of weighing for the purposes of this Act except in accordance with the provisions of an unsuspended and unrevoked delegation of authority or designation by the Administrator as provided in this section. “(j) The provisions of this section shall not limit any authority vested in the Secretary under the United States Warehouse Act (39 Stat, 486. as amended; 7 U.S.C. 241 et seq.). “(k) The representatives of the Administrator shall be afforded access to any elevator, warehouse, or other storage or handling facility from which grain is delivered for shipment in interstate or foreign commerce or to which grain is delivered from shipment in interstate or foreign commerce and all facilities therein for weighing grain. (1) The Administrator shall, under such regulations as he may Fees. prescribe, charge and collect reasonable fees to cover the estimated costs to the Service incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Service (outside of the Washington office) incident to performance of its functions related to weighing, including administrative and supervisory costs directly related thereto. Such fees shall be deposited into the fund created in section (7)(j) of this Act. Ante, p. 287a. Fees. “(2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the costs incurred by the Service (outside of the Washington office) relating to direct supervision of the agency personnel and direct supervision by Service personnel of its field office personnel incurred as a result of the functions performed by such agencies, except costs incurred under section 7 (g)(3), 9, 10, and 14 of this Act. The fees shall be payable Ante, p. 2870. Post, pp. 2879, 2884. after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in section 7(j) of this Act. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall Termination. be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of such termination. “Sec. 7B. “testing of equipment (a) The Administrator shall provide for the testing of Regulations. 7 USC 79b. all equipment used in the sampling, grading, inspection, and 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 Act, to be made on a random and periodic basis, but at least annually and under such regulations as the Administrator may prescribe, as he deems necessary to assure the accuracy and integrity of such equipment. “(b) The Administrator is authorized to cause such testing provided Regulations. for in subsection (a) to be performed (1) by personnel employed by the Service, or (2) by States, political subdivisions thereof, or persons under the supervision of the Administrator, under such regulations as the Administrator may prescribe. “(c) Notwithstanding any other provision of law, no person shall use any such equipment not approved by the Administrator.”.

2. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1606(e) · 91 Stat. 913

   Substituted · 7 U.S.C. § 79a(a)

   Pub. L. 95–113, § 1606(e), substituted “standards or procedures” for “standards”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–113, § 1606(e), substituted “standards or procedures” for “standards”.

   Enacted provision · exact public law section
   (e) Section 7A is amended by inserting in subsections (a), (b), and (e) “or procedures” immediately after “standards”.

3. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 title XVI · 91 Stat. 913

   1. Substituted · 7 U.S.C. § 79a(b)

      Pub. L. 95–113, §§ 1604(e)(1), 1606(e), substituted “The Administrator is authorized to cause official weighing or supervision of weighing under standards or procedures” for “The Administrator is authorized to cause supervision of weighing under standards”

   2. Substituted · 7 U.S.C. § 79a(b)

      Pub. L. 95–113, §§ 1604(e)(1), 1606(e), substituted “other than at export elevators at export port locations” for “other than at export port locations”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–113, §§ 1604(e)(1), 1606(e), substituted “The Administrator is authorized to cause official weighing or supervision of weighing under standards or procedures” for “The Administrator is authorized to cause supervision of weighing under standards” and “other than at export elevators at export port locations” for “other than at export port locations”.

   Enacted provision · exact public law
   TITLE XVI— FEDERAL GRAIN INSPECTION Sec. 1601. records Section 12(d) of the United States Grain Standards Act (90 Stat. 2882; 7 U.S.C. 87a(d)) is amended by striking out “shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, han-dling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain,” and inserting in lieu thereof the following: “shall maintain such complete and accurate records for such period of time as the Administrator may, by regulation, prescribe for the purpose of the administration and enforcement of this Act,”. Sec. 1602. supervision fees (a) Section 7(j) of the United States Grain Standards Act (90 Stat. 2873; 7 U.S.C. 79(j)) is amended to read as follows: “(j) The Administrator shall, under such regulations as the Administrator Inspection costs. may prescribe, charge and collect reasonable fees to cover the estimated cost of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”. (b) Section 7A (1) of the United States Grain Standards Act (90 Stat. 2877; 7 U.S.C. 79a(l)) is amended to read as follows: “(1) The Administrator shall, under such regulations as the Administrator Weighing costs. may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is per-formed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable, cover the costs of the Service incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”. (c) Section 21 of the United States Grain Standards Act of 1976 (90 Stat. 2886) is amended by striking out “those Federal administrative 7 USC 87h. and supervisory costs incurred within the Service’s Washington office or not directly related to the official inspection or the provision of weighing services for grain” and inserting in lieu thereof the following: “Federal administrative and supervisory costs related to the official inspection or the provision of weighing services for grain”. (d) Section 27 of the United States Grain Standards Act of 1976 (90 Stat. 2889) is amended by striking out “, who pays fees when due, Post, pp. 1030, 1031. 7 USC 74 note. in the same manner as prescribed in section 7 or 7A of the United States Grain Standards Act, as amended by this Act,”. Sec. 1603. establishment of temporary advisory committee (a) In order to assure the normal movement of grain in 7 USC 75a note. an orderly and timely manner, the Secretary of Agriculture shall establish a temporary advisory committee to provide advice to the Administrator of the Federal Grain Inspection Service with respect to the 7 USC 71 note. Membership. implementation of the United States Grain Standards Act of 1976. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of grain producers, consumers, and all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisory committee shall be appointed not later than thirty days after the date of enactment of this Act. (b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act. (c) The Administrator of the Federal Grain Inspection Service shall provide the advisory committee with necessary clerical assistance and staff personnel. (d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this title, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5 of the United States Code. (e) The advisory committee shall terminate eighteen months after the date of enactment of this Act. (f) There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this section. Sec. 1604. technical amendments The United States Grain Standards Act (39 Stat. 482–485, as amended; 7 U.S.C. 71, 74–79, 79a and 79b, 84–87, and 87a–87h) is amended as follows: (a) Section 3 is amended by— (1) striking out “grain sorghum” in subsection (g) and inserting in lieu thereof “sorghum”; (2) amending subsection (m) to read as follows: “(m) the term ‘official agency’ means any State or local governmental agency, or any person, designated by the Administrator pursuant 7 USC 79. to subsection (f) of section 7 of this Act for the conduct of official inspection (other than appeal inspection), or 7 USC 79a. subsection (c) of section 7A of this Act for the conduct of official weighing or supervision of weighing (other than appeal weighing);”; (3) inserting “for” immediately after “under standards provided” in subsection (x); and (4) amending subsection (y) to read as follows: “(y) the term ‘supervision of weighing’ means such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance;”. (b) Section 3A is amended by adding at the end thereof the following: “The Secretary may delegate authority to the Administrator to perform related functions for grain and similar commodities and products thereof under other statutes administered by the Department of Agriculture. Notwithstanding any other provision of law, the Secretary is authorized to appoint four individuals to positions at grade 5 USC 5332 note. 16 of the General Schedule, in the Service.”. (c) Section 4(a) is amended by— 7 USC 76. (1) striking out “grain sorghum” and inserting in lieu thereof “sorghum”; (2) inserting a comma after “equipment calibration and maintenance”; and (3) inserting “or procedures” after “(2) standards” and after “revoke such standards” and striking out “procedures” after “weight certification”. (d) Section 7 is amended by— 7 USC 79. (1) designating the third sentence in paragraph (2) of sub-section (e) as paragraph (4) of subsection (e) and inserting it at the end of subsection (e); (2) amending subsection (f) by— (A) in the first sentence of paragraph (2), inserting “or State delegated authority pursuant to subsection (e)(2) of this section” immediately after “Not more than one official agency”, inserting “inspection” immediately before “provisions of this Act”, and striking out “, but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968”; (B) striking out “No” in the second sentence of paragraph (2) and inserting in lieu thereof “Except as authorized by the Administrator, no”; (C) designating the second sentence of paragraph (2) as paragraph (3) of subsection (f); and (D) designating the third sentence of paragraph (2) as paragraph (4) of subsection (f); (3) striking out “subsections (e) and (f)” in paragraph (1) of subsection (g) and inserting in lieu thereof “subsection (f)”; and (4) adding at the end of subsection (i) a new sentence as fol-lows: “All or specified functions of such inspections shall be per-formed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.”. (e) Section 7A is amended by— 7 USC 79a. (1) in subsection (b), inserting “official weighing or” immediately after “The Administrator is authorized to cause” and inserting “at export, elevators” immediately after “located other than”; (2) amending paragraph (2) of subsection (c) by— (A) in the first sentence, inserting “or supervision of weighing” immediately after “to delegate authority to perform official weighing”, inserting “official weighing or” immediately before “supervision of weighing, if such agency or person qualifies”, and striking out “number” and inserting in lieu thereof “under”; (B) in clause (A) of the second sentence, striking out “at export elevators”, and inserting “or supervision of weighing” immediately after “official weighing”; and (C) inserting “official weighing or” immediately before “supervision of weighing” wherever this phrase appears in clause (B) of the second sentence; (3) adding at the end of subsection (d) a new sentence as fol-lows: “All or specified functions of such weighing shall be per-formed by official inspection personnel employed by the Service or, except, for appeals, by persons operating under a contract with the Service.”; (4) striking out the second sentence of subsection (e); (5) amending subsection (f) by— (A) in clause (2), striking out “employ” and inserting in lieu thereof “permit”, and inserting “and who are approved by the Administrator” immediately before “to operate the scales”; and (B) in clause (3), striking out “employees of the facility” and inserting in lieu thereof “persons other than official inspection personnel”, and striking out “employees to operate” and inserting in lieu thereof “such persons to operate”; (6) inserting “or supervision of weighing” immediately after “official weighing” in subsection (g); (7) inserting “or local governmental agency” immediately after “No State” in subsection (i); and (8) adding at the end of subsection (i) a new sentence as fol-lows: “Not more than one official agency or State delegated authority pursuant to subsection (c) (2) of this section for carrying out the weighing provisions of this Act shall be operative at one time for any geographic area as determined by the 7 USC 74. 7 USC 79b. Administrator to effectuate the objectives stated in section 2 of this Act.”. (f) Section 7B is amended by— (1) inserting “for the purpose of official inspection, official weighing, or supervision of weighing” immediately before “of gram located at all grain elevators” in subsection (a); (2) at the end of subsection (a), inserting “Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of such testing by employees of the Service. Such fees shall be 7 USC 79. deposited into the fund created by section 7 (j) of this Act.”; and (3) inserting “for the purposes of this Act” immediately after “no person shall use” in subsection (c). (g) Section 8 is amended by— (1) amending subsection (a) by— (A) inserting “, other than appeal weighing,” immediately after “supervision of weighing” in clause (1); (B) striking out “of grain” in clause (2) (B) and inserting in lieu thereof “(including appeal weighing) of grain in the United States, or of United States grain in Canadian ports”; and (C) in clause (3), inserting “or governmental agency” immediately after “(3) to contract with any person”, and striking out “specified sampling and laboratory testing” and inserting in lieu thereof “specified sampling, laboratory testing, and similar technical functions”; and (2) adding at the end of subsection (e) a new sentence as follows: “The Administrator may compensate such personnel at any rate within the appropriate grade of the General Schedule as the. Administrator deems necessary without regard to section 5333 of title 5 of the United States Cocle.”. (h) Section 11 is amended by— (1) inserting “official weighing or” immediately before “super-vision of weighing” in paragraph (3) of subsection (b); (2) in the first sentence of paragraph (5) of subsection (b), inserting “official weighing or” immediately before “supervision of weighing except”, and inserting “director,” immediately before “officer, employee,”; and (3) inserting “or State agency delegated authority under this Act” immediately after “official agency” in subsection (c). (i) Section 12 is amended by— 7 USC 87a. (1) inserting “, every State agency delegated authority under this Act,” immediately after “official agency” wherever this phrase appears in subsections (a), (b), and (c); and (2) striking out “delegate authority of this Act” in subsection (c) and inserting in lieu thereof “delegated authority under this Act”. (j) Section 13(a) is amended by— 7 USC 87b. (1) inserting “, or that any weighing service under this Act has been performed with respect to grain” immediately before the semicolon at the end of paragraph (6); (2) striking out in paragraph (11) “5, 6, 7(f) (2), 7A, 7B(c), 8, 11, or 12” and inserting in lieu thereof “5; 6; 7(f) (2), (3), or (4); 7A;7B(c); 8; 11; 12; or 17A”; (3) striking out “testing” in paragraph (12) and inserting in lieu thereof “weighing”; and (4) in paragraph (13), striking out “the grain” and inserting in lieu thereof “grain”, and inserting “the” immediately after “observing the loading of”. (k) Section 16 is amended by— Rules and regulations. 7 USC 87e. (1) striking out, in subsection (a), the second sentence and all that follows “or other person;” in the first sentence down through “by the Administrator.” and inserting in lieu thereof the following: “and prescribe such rules, regulations, and instructions, as the Administrator deems necessary to effectuate the purposes or provisions of this Act. Such regulations may require, as a condition for official inspection or official weighing or supervision of weighing, among other things, (1) that there be installed specified sampling, handling, weighing, and monitoring equipment in grain elevators, warehouses, and other grain storage or handling facilities, (2) that approval of the Administrator be obtained as to the condition of vessels and other carriers or receptacles for the transporting or storing of grain, and (3) that persons having a financial interest in the grain which is to be inspected (or their agents) shall be afforded an opportunity to observe the weighing, loading, and official inspection thereof, under conditions prescribed by the Administrator.”; and (2) striking out “additional” in subsection (f). (l) Section 17A is amended by striking out “All persons registered” 7 USC 87f-1. in paragraph (1) of subsection (b) and inserting in lieu thereof “All persons required to register”. (m) Section 17B is amended in clause (2) of subsection (b) by 7 USC 87f-2. inserting “notwithstanding the provisions of section 812 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c-3),” immediately after “(2)” and inserting “notice of” immediately after “Administrator or the Secretary of”. (n) Section 21 is amended by striking out “Sec. 21” and inserting 7 USC 87h. in lieu thereof “Sec. 19”. Sec. 1605. studies of grain inspection and weighing; effective date (a) Section 8(b) of the United States Grain Standards 7 USC 79 note. Act of 1976 (90 Stat. 2874) is amended by— (1) inserting in paragraph (3) “(which may include the application of statistical tolerances for expected variations)” immediately after “error rates of such agencies”; (2) striking out in paragraph (4) “eighteen months” and inserting in lieu thereof “thirty months”; and (3) striking out in paragraph (5) “two years” and inserting in lieu thereof “three years”. (b) Section 27 of the United States Grain Standards Act of 1976 Ante, p. 1025. 7 USC 74 note. Effective date. (90 Stat. 2889) is amended by— (1) striking out all that follows “Sec. 27.” down through “without a designation under the United States Grain Standards Act, as amended by this Act” and inserting in lieu thereof the following: “This Act shall become effective thirty days after enactment hereof; and thereafter no State or other agency or per-son shall provide official inspection or official weighing or supervision of weighing under the United States Grain Standards Act, as amended by this Act, at an export port location without a delegation of authority or other authorization under such amended Act, and no agency or person shall provide official inspection service or official weighing or supervision of weighing under such amended Act in any other area without a designation or other authorization under such amended Act”; (2) inserting “or other authorization under such Act” immediately after “may continue to operate in that area without a delegation or designation”; and (3) striking out “and export elevators located at export port locations” in clause (3). Sec. 1606. miscellaneous amendments The United States Grain Standards Act is further amended as follows: (a) Section 3(i) is amended by striking out “or, upon request of the interested party applying for inspection, the quantity of sacks of grain,”. (b) Section 5(a) is amended by inserting “or procedures” immediately after “standards” each place it appears therein. (c) Section 6(a) is amended by striking out “factor information” and inserting in lieu thereof “criteria”. (d) Section 7(b) is amended by striking out “or quantity of sacks of grain,” (e) Section 7A is amended by inserting in subsections (a), (b), and (e) “or procedures” immediately after “standards”. (f) Section 8(f) is amended by inserting “and weighing” immediately after “integrity of the official inspection”. (g) Section 11(b)(4) is amended by inserting “or supervision of weighing” immediately after “official weighing”. (h) Section 13(a)(6) is amended by striking out “condition, or quantity” and inserting in lieu thereof “or condition”. (i) Sections 16(b) and 17B are amended by striking out “Committee on Agriculture and Forestry” each place these words appear therein and inserting in lieu thereof “Committee on Agriculture, Nutrition, and Forestry”. (j) Section 17B(a) is amended by inserting “and weighing” immediately after “inspection”. Sec. 1607. conforming amendments The United States Grain Standards Act of 1976 (90 Stat. 2874 and 2890) is amended as follows: 7 USC 84. (a) Section 8(b)(4) is amended by striking out “Committee on Agriculture and Forestry” and inserting in lieu thereof “Committee on Agriculture, Nutrition, and Forestry”. (b) Section 27 is amended by inserting “or” immediately after the Ante, pp. 1025, 1030. 7 USC 74 note. semicolon at the end of clause (2). Sec. 1608. retention of designations following convictions Section 27 of the United States Grain Standards Act of 1976 ( 90 Stat. 2890) is amended by inserting immediately before the semicolon at the end of clause (2) the following: “: Provided, That the Administrator may allow such affected agency or person to continue to operate in that area if the Administrator determines that such continued operations are necessary or desirable in carrying out the requirements of this Act: Provided further, That the Administrator shall, Report to congressional committees. within 30 days after making such determination, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate detailing the factual bases for such determination”.

4. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(e)(2) · 91 Stat. 913

   Changed · 7 U.S.C. § 79a(c)(2)

   Pub. L. 95–113, § 1604(e)(2), made technical amendments to conform par. (2) to increased authority granted in subsec. (b) to cause official weighing as well as supervision of weighing at interior inspection points and corrected a typographical error in which “number” had been erroneously used for “under” in text as originally enacted by Pub. L. 94–582

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 95–113, § 1604(e)(2), made technical amendments to conform par. (2) to increased authority granted in subsec. (b) to cause official weighing as well as supervision of weighing at interior inspection points and corrected a typographical error in which “number” had been erroneously used for “under” in text as originally enacted by Pub. L. 94–582.

   Enacted provision · exact public law section
   (2) amending paragraph (2) of subsection (c) by— (A) in the first sentence, inserting “or supervision of weighing” immediately after “to delegate authority to perform official weighing”, inserting “official weighing or” immediately before “supervision of weighing, if such agency or person qualifies”, and striking out “number” and inserting in lieu thereof “under”; (B) in clause (A) of the second sentence, striking out “at export elevators”, and inserting “or supervision of weighing” immediately after “official weighing”; and (C) inserting “official weighing or” immediately before “supervision of weighing” wherever this phrase appears in clause (B) of the second sentence;

5. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(e)(3) · 91 Stat. 913

   Inserted · 7 U.S.C. § 79a(d)

   Pub. L. 95–113, § 1604(e)(3), inserted requirement that all or specified functions of Canadian weighing be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–113, § 1604(e)(3), inserted requirement that all or specified functions of Canadian weighing be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.

   Enacted provision · exact public law section
   (3) adding at the end of subsection (d) a new sentence as fol-lows: “All or specified functions of such weighing shall be per-formed by official inspection personnel employed by the Service or, except, for appeals, by persons operating under a contract with the Service.”;

6. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 title XVI · 91 Stat. 913

   1. Substituted · 7 U.S.C. § 79a(e)

      Pub. L. 95–113, §§ 1604(e)(4), 1606(e), substituted “under standards or procedures provided” for “under standards provided”

   2. Struck · 7 U.S.C. § 79a(e)

      Pub. L. 95–113, §§ 1604(e)(4), 1606(e), struck out provisions which had required that the weighing service not be provided for periods of less than a year, that the fees therefor be set separately from the fees provided for in subsec. (l), and that they be reasonable, nondiscriminatory, and equal, as nearly as possible, to the cost of providing the service

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–113, §§ 1604(e)(4), 1606(e), substituted “under standards or procedures provided” for “under standards provided” and struck out provisions which had required that the weighing service not be provided for periods of less than a year, that the fees therefor be set separately from the fees provided for in subsec. (l), and that they be reasonable, nondiscriminatory, and equal, as nearly as possible, to the cost of providing the service.

   Enacted provision · exact public law
   TITLE XVI— FEDERAL GRAIN INSPECTION Sec. 1601. records Section 12(d) of the United States Grain Standards Act (90 Stat. 2882; 7 U.S.C. 87a(d)) is amended by striking out “shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, han-dling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain,” and inserting in lieu thereof the following: “shall maintain such complete and accurate records for such period of time as the Administrator may, by regulation, prescribe for the purpose of the administration and enforcement of this Act,”. Sec. 1602. supervision fees (a) Section 7(j) of the United States Grain Standards Act (90 Stat. 2873; 7 U.S.C. 79(j)) is amended to read as follows: “(j) The Administrator shall, under such regulations as the Administrator Inspection costs. may prescribe, charge and collect reasonable fees to cover the estimated cost of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”. (b) Section 7A (1) of the United States Grain Standards Act (90 Stat. 2877; 7 U.S.C. 79a(l)) is amended to read as follows: “(1) The Administrator shall, under such regulations as the Administrator Weighing costs. may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is per-formed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable, cover the costs of the Service incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”. (c) Section 21 of the United States Grain Standards Act of 1976 (90 Stat. 2886) is amended by striking out “those Federal administrative 7 USC 87h. and supervisory costs incurred within the Service’s Washington office or not directly related to the official inspection or the provision of weighing services for grain” and inserting in lieu thereof the following: “Federal administrative and supervisory costs related to the official inspection or the provision of weighing services for grain”. (d) Section 27 of the United States Grain Standards Act of 1976 (90 Stat. 2889) is amended by striking out “, who pays fees when due, Post, pp. 1030, 1031. 7 USC 74 note. in the same manner as prescribed in section 7 or 7A of the United States Grain Standards Act, as amended by this Act,”. Sec. 1603. establishment of temporary advisory committee (a) In order to assure the normal movement of grain in 7 USC 75a note. an orderly and timely manner, the Secretary of Agriculture shall establish a temporary advisory committee to provide advice to the Administrator of the Federal Grain Inspection Service with respect to the 7 USC 71 note. Membership. implementation of the United States Grain Standards Act of 1976. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of grain producers, consumers, and all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisory committee shall be appointed not later than thirty days after the date of enactment of this Act. (b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act. (c) The Administrator of the Federal Grain Inspection Service shall provide the advisory committee with necessary clerical assistance and staff personnel. (d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this title, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5 of the United States Code. (e) The advisory committee shall terminate eighteen months after the date of enactment of this Act. (f) There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this section. Sec. 1604. technical amendments The United States Grain Standards Act (39 Stat. 482–485, as amended; 7 U.S.C. 71, 74–79, 79a and 79b, 84–87, and 87a–87h) is amended as follows: (a) Section 3 is amended by— (1) striking out “grain sorghum” in subsection (g) and inserting in lieu thereof “sorghum”; (2) amending subsection (m) to read as follows: “(m) the term ‘official agency’ means any State or local governmental agency, or any person, designated by the Administrator pursuant 7 USC 79. to subsection (f) of section 7 of this Act for the conduct of official inspection (other than appeal inspection), or 7 USC 79a. subsection (c) of section 7A of this Act for the conduct of official weighing or supervision of weighing (other than appeal weighing);”; (3) inserting “for” immediately after “under standards provided” in subsection (x); and (4) amending subsection (y) to read as follows: “(y) the term ‘supervision of weighing’ means such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance;”. (b) Section 3A is amended by adding at the end thereof the following: “The Secretary may delegate authority to the Administrator to perform related functions for grain and similar commodities and products thereof under other statutes administered by the Department of Agriculture. Notwithstanding any other provision of law, the Secretary is authorized to appoint four individuals to positions at grade 5 USC 5332 note. 16 of the General Schedule, in the Service.”. (c) Section 4(a) is amended by— 7 USC 76. (1) striking out “grain sorghum” and inserting in lieu thereof “sorghum”; (2) inserting a comma after “equipment calibration and maintenance”; and (3) inserting “or procedures” after “(2) standards” and after “revoke such standards” and striking out “procedures” after “weight certification”. (d) Section 7 is amended by— 7 USC 79. (1) designating the third sentence in paragraph (2) of sub-section (e) as paragraph (4) of subsection (e) and inserting it at the end of subsection (e); (2) amending subsection (f) by— (A) in the first sentence of paragraph (2), inserting “or State delegated authority pursuant to subsection (e)(2) of this section” immediately after “Not more than one official agency”, inserting “inspection” immediately before “provisions of this Act”, and striking out “, but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968”; (B) striking out “No” in the second sentence of paragraph (2) and inserting in lieu thereof “Except as authorized by the Administrator, no”; (C) designating the second sentence of paragraph (2) as paragraph (3) of subsection (f); and (D) designating the third sentence of paragraph (2) as paragraph (4) of subsection (f); (3) striking out “subsections (e) and (f)” in paragraph (1) of subsection (g) and inserting in lieu thereof “subsection (f)”; and (4) adding at the end of subsection (i) a new sentence as fol-lows: “All or specified functions of such inspections shall be per-formed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.”. (e) Section 7A is amended by— 7 USC 79a. (1) in subsection (b), inserting “official weighing or” immediately after “The Administrator is authorized to cause” and inserting “at export, elevators” immediately after “located other than”; (2) amending paragraph (2) of subsection (c) by— (A) in the first sentence, inserting “or supervision of weighing” immediately after “to delegate authority to perform official weighing”, inserting “official weighing or” immediately before “supervision of weighing, if such agency or person qualifies”, and striking out “number” and inserting in lieu thereof “under”; (B) in clause (A) of the second sentence, striking out “at export elevators”, and inserting “or supervision of weighing” immediately after “official weighing”; and (C) inserting “official weighing or” immediately before “supervision of weighing” wherever this phrase appears in clause (B) of the second sentence; (3) adding at the end of subsection (d) a new sentence as fol-lows: “All or specified functions of such weighing shall be per-formed by official inspection personnel employed by the Service or, except, for appeals, by persons operating under a contract with the Service.”; (4) striking out the second sentence of subsection (e); (5) amending subsection (f) by— (A) in clause (2), striking out “employ” and inserting in lieu thereof “permit”, and inserting “and who are approved by the Administrator” immediately before “to operate the scales”; and (B) in clause (3), striking out “employees of the facility” and inserting in lieu thereof “persons other than official inspection personnel”, and striking out “employees to operate” and inserting in lieu thereof “such persons to operate”; (6) inserting “or supervision of weighing” immediately after “official weighing” in subsection (g); (7) inserting “or local governmental agency” immediately after “No State” in subsection (i); and (8) adding at the end of subsection (i) a new sentence as fol-lows: “Not more than one official agency or State delegated authority pursuant to subsection (c) (2) of this section for carrying out the weighing provisions of this Act shall be operative at one time for any geographic area as determined by the 7 USC 74. 7 USC 79b. Administrator to effectuate the objectives stated in section 2 of this Act.”. (f) Section 7B is amended by— (1) inserting “for the purpose of official inspection, official weighing, or supervision of weighing” immediately before “of gram located at all grain elevators” in subsection (a); (2) at the end of subsection (a), inserting “Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of such testing by employees of the Service. Such fees shall be 7 USC 79. deposited into the fund created by section 7 (j) of this Act.”; and (3) inserting “for the purposes of this Act” immediately after “no person shall use” in subsection (c). (g) Section 8 is amended by— (1) amending subsection (a) by— (A) inserting “, other than appeal weighing,” immediately after “supervision of weighing” in clause (1); (B) striking out “of grain” in clause (2) (B) and inserting in lieu thereof “(including appeal weighing) of grain in the United States, or of United States grain in Canadian ports”; and (C) in clause (3), inserting “or governmental agency” immediately after “(3) to contract with any person”, and striking out “specified sampling and laboratory testing” and inserting in lieu thereof “specified sampling, laboratory testing, and similar technical functions”; and (2) adding at the end of subsection (e) a new sentence as follows: “The Administrator may compensate such personnel at any rate within the appropriate grade of the General Schedule as the. Administrator deems necessary without regard to section 5333 of title 5 of the United States Cocle.”. (h) Section 11 is amended by— (1) inserting “official weighing or” immediately before “super-vision of weighing” in paragraph (3) of subsection (b); (2) in the first sentence of paragraph (5) of subsection (b), inserting “official weighing or” immediately before “supervision of weighing except”, and inserting “director,” immediately before “officer, employee,”; and (3) inserting “or State agency delegated authority under this Act” immediately after “official agency” in subsection (c). (i) Section 12 is amended by— 7 USC 87a. (1) inserting “, every State agency delegated authority under this Act,” immediately after “official agency” wherever this phrase appears in subsections (a), (b), and (c); and (2) striking out “delegate authority of this Act” in subsection (c) and inserting in lieu thereof “delegated authority under this Act”. (j) Section 13(a) is amended by— 7 USC 87b. (1) inserting “, or that any weighing service under this Act has been performed with respect to grain” immediately before the semicolon at the end of paragraph (6); (2) striking out in paragraph (11) “5, 6, 7(f) (2), 7A, 7B(c), 8, 11, or 12” and inserting in lieu thereof “5; 6; 7(f) (2), (3), or (4); 7A;7B(c); 8; 11; 12; or 17A”; (3) striking out “testing” in paragraph (12) and inserting in lieu thereof “weighing”; and (4) in paragraph (13), striking out “the grain” and inserting in lieu thereof “grain”, and inserting “the” immediately after “observing the loading of”. (k) Section 16 is amended by— Rules and regulations. 7 USC 87e. (1) striking out, in subsection (a), the second sentence and all that follows “or other person;” in the first sentence down through “by the Administrator.” and inserting in lieu thereof the following: “and prescribe such rules, regulations, and instructions, as the Administrator deems necessary to effectuate the purposes or provisions of this Act. Such regulations may require, as a condition for official inspection or official weighing or supervision of weighing, among other things, (1) that there be installed specified sampling, handling, weighing, and monitoring equipment in grain elevators, warehouses, and other grain storage or handling facilities, (2) that approval of the Administrator be obtained as to the condition of vessels and other carriers or receptacles for the transporting or storing of grain, and (3) that persons having a financial interest in the grain which is to be inspected (or their agents) shall be afforded an opportunity to observe the weighing, loading, and official inspection thereof, under conditions prescribed by the Administrator.”; and (2) striking out “additional” in subsection (f). (l) Section 17A is amended by striking out “All persons registered” 7 USC 87f-1. in paragraph (1) of subsection (b) and inserting in lieu thereof “All persons required to register”. (m) Section 17B is amended in clause (2) of subsection (b) by 7 USC 87f-2. inserting “notwithstanding the provisions of section 812 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c-3),” immediately after “(2)” and inserting “notice of” immediately after “Administrator or the Secretary of”. (n) Section 21 is amended by striking out “Sec. 21” and inserting 7 USC 87h. in lieu thereof “Sec. 19”. Sec. 1605. studies of grain inspection and weighing; effective date (a) Section 8(b) of the United States Grain Standards 7 USC 79 note. Act of 1976 (90 Stat. 2874) is amended by— (1) inserting in paragraph (3) “(which may include the application of statistical tolerances for expected variations)” immediately after “error rates of such agencies”; (2) striking out in paragraph (4) “eighteen months” and inserting in lieu thereof “thirty months”; and (3) striking out in paragraph (5) “two years” and inserting in lieu thereof “three years”. (b) Section 27 of the United States Grain Standards Act of 1976 Ante, p. 1025. 7 USC 74 note. Effective date. (90 Stat. 2889) is amended by— (1) striking out all that follows “Sec. 27.” down through “without a designation under the United States Grain Standards Act, as amended by this Act” and inserting in lieu thereof the following: “This Act shall become effective thirty days after enactment hereof; and thereafter no State or other agency or per-son shall provide official inspection or official weighing or supervision of weighing under the United States Grain Standards Act, as amended by this Act, at an export port location without a delegation of authority or other authorization under such amended Act, and no agency or person shall provide official inspection service or official weighing or supervision of weighing under such amended Act in any other area without a designation or other authorization under such amended Act”; (2) inserting “or other authorization under such Act” immediately after “may continue to operate in that area without a delegation or designation”; and (3) striking out “and export elevators located at export port locations” in clause (3). Sec. 1606. miscellaneous amendments The United States Grain Standards Act is further amended as follows: (a) Section 3(i) is amended by striking out “or, upon request of the interested party applying for inspection, the quantity of sacks of grain,”. (b) Section 5(a) is amended by inserting “or procedures” immediately after “standards” each place it appears therein. (c) Section 6(a) is amended by striking out “factor information” and inserting in lieu thereof “criteria”. (d) Section 7(b) is amended by striking out “or quantity of sacks of grain,” (e) Section 7A is amended by inserting in subsections (a), (b), and (e) “or procedures” immediately after “standards”. (f) Section 8(f) is amended by inserting “and weighing” immediately after “integrity of the official inspection”. (g) Section 11(b)(4) is amended by inserting “or supervision of weighing” immediately after “official weighing”. (h) Section 13(a)(6) is amended by striking out “condition, or quantity” and inserting in lieu thereof “or condition”. (i) Sections 16(b) and 17B are amended by striking out “Committee on Agriculture and Forestry” each place these words appear therein and inserting in lieu thereof “Committee on Agriculture, Nutrition, and Forestry”. (j) Section 17B(a) is amended by inserting “and weighing” immediately after “inspection”. Sec. 1607. conforming amendments The United States Grain Standards Act of 1976 (90 Stat. 2874 and 2890) is amended as follows: 7 USC 84. (a) Section 8(b)(4) is amended by striking out “Committee on Agriculture and Forestry” and inserting in lieu thereof “Committee on Agriculture, Nutrition, and Forestry”. (b) Section 27 is amended by inserting “or” immediately after the Ante, pp. 1025, 1030. 7 USC 74 note. semicolon at the end of clause (2). Sec. 1608. retention of designations following convictions Section 27 of the United States Grain Standards Act of 1976 ( 90 Stat. 2890) is amended by inserting immediately before the semicolon at the end of clause (2) the following: “: Provided, That the Administrator may allow such affected agency or person to continue to operate in that area if the Administrator determines that such continued operations are necessary or desirable in carrying out the requirements of this Act: Provided further, That the Administrator shall, Report to congressional committees. within 30 days after making such determination, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate detailing the factual bases for such determination”.

7. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(e)(5)(A) · 91 Stat. 913

   Substituted · 7 U.S.C. § 79a(f)(2)

   Pub. L. 95–113, § 1604(e)(5)(A), substituted “permit only competent persons with a reputation for honesty and integrity and who are approved by the Administrator” for “employ only competent persons with a reputation for honesty and integrity”

   Source evidence

   Code amendment note
   Subsec. (f)(2). Pub. L. 95–113, § 1604(e)(5)(A), substituted “permit only competent persons with a reputation for honesty and integrity and who are approved by the Administrator” for “employ only competent persons with a reputation for honesty and integrity”.

   Enacted provision · exact public law section
   (A) in clause (2), striking out “employ” and inserting in lieu thereof “permit”, and inserting “and who are approved by the Administrator” immediately before “to operate the scales”; and

8. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(e)(5)(B) · 91 Stat. 913

   Substituted · 7 U.S.C. § 79a(f)(3)

   Pub. L. 95–113, § 1604(e)(5)(B), substituted “when weighing is to be done by persons other than official inspection personnel, will require such persons to operate the scales” for “when weighing is to be done by employees of the facility, will require employees to operate the scales”

   Source evidence

   Code amendment note
   Subsec. (f)(3). Pub. L. 95–113, § 1604(e)(5)(B), substituted “when weighing is to be done by persons other than official inspection personnel, will require such persons to operate the scales” for “when weighing is to be done by employees of the facility, will require employees to operate the scales”.

   Enacted provision · exact public law section
   (B) in clause (3), striking out “employees of the facility” and inserting in lieu thereof “persons other than official inspection personnel”, and striking out “employees to operate” and inserting in lieu thereof “such persons to operate”;

9. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(e)(6) · 91 Stat. 913

   Substituted · 7 U.S.C. § 79a(g)

   Pub. L. 95–113, § 1604(e)(6), substituted “official weighing or supervision of weighing” for “official weighing”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 95–113, § 1604(e)(6), substituted “official weighing or supervision of weighing” for “official weighing”.

   Enacted provision · exact public law section
   (6) inserting “or supervision of weighing” immediately after “official weighing” in subsection (g);

10. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1604(e)(7) · 91 Stat. 913

    1. Substituted · 7 U.S.C. § 79a(i)

       Pub. L. 95–113, § 1604(e)(7), (8), substituted “No State or local governmental agency” for “No State”

    2. Inserted · 7 U.S.C. § 79a(i)

       Pub. L. 95–113, § 1604(e)(7), (8), inserted provision that not more than one official agency or State delegated authority pursuant to subsection (c)(2) of this section for carrying out the weighing provisions of this chapter be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 74 of this title

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 95–113, § 1604(e)(7), (8), substituted “No State or local governmental agency” for “No State” and inserted provision that not more than one official agency or State delegated authority pursuant to subsection (c)(2) of this section for carrying out the weighing provisions of this chapter be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 74 of this title.

    Enacted provision · exact public law section
    (7) inserting “or local governmental agency” immediately after “No State” in subsection (i); and

11. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1602(b) · 91 Stat. 913

    Changed · 7 U.S.C. § 79a(l)

    Pub. L. 95–113, § 1602(b), revised provisions relating to fees so as to remove requirement that field supervision of weighing be supported by fees

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 95–113, § 1602(b), revised provisions relating to fees so as to remove requirement that field supervision of weighing be supported by fees.

    Enacted provision · exact public law section
    (b) Section 7A (1) of the United States Grain Standards Act (90 Stat. 2877; 7 U.S.C. 79a(l)) is amended to read as follows: “(1) The Administrator shall, under such regulations as the Administrator Weighing costs. may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is per-formed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable, cover the costs of the Service incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”.

12. 1981

    Pub. L. 97–35 title I § 155(2) · 95 Stat. 357

    1. Amended · 7 U.S.C. § 79a(l)

       Pub. L. 97–35 temporarily designated existing provisions as par. (1), made changes in nomenclature, provided for inclusion, rather than exclusion, of administrative and supervisory costs

    2. Struck · 7 U.S.C. § 79a(l)

       Pub. L. 97–35 temporarily struck out provisions respecting availability of deposited funds

    3. Added · 7 U.S.C. § 79a(l)

       Pub. L. 97–35 temporarily added par. (2). See Effective and Termination Dates of 1981 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 97–35 temporarily designated existing provisions as par. (1), made changes in nomenclature, provided for inclusion, rather than exclusion, of administrative and supervisory costs, and struck out provisions respecting availability of deposited funds, and added par. (2). See Effective and Termination Dates of 1981 Amendment note below.

    Enacted provision · exact public law section
    (2) amending section 7A(l) (7 U.S.C. 79a(1)) to read as follows: “(l) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable fees to cover the estimated costs to the Service incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the service incident to performance of its functions related to weighing, including administrative and supervisory costs directly related thereto. Such fees shall be deposited into the fund created in section 7(j) of this Act. “(2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the costs incurred by the Service relating to supervision of the agency personnel and supervision by Service personnel of its field office personnel incurred as a result of the functions performed by such agencies, except costs 7 USC 79, 85, 86 87c. incurred under sections 7(g)(3), 9, 10, and 14 of this Act. The fees shall be payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in Overdue fees. section 7(j) of this Act. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of Interest rate. such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.”;

13. 1988

    United States Grain Standards Act Amendments of 1988

    Pub. L. 100–518 § 2(2) · 102 Stat. 2584

    1. Amended · 7 U.S.C. § 79a(l)

       Pub. L. 100–518 amended subsec. (l) generally

    2. Substituted · 7 U.S.C. § 79a(l)

       Pub. L. 100–518 substituting “cover the costs of the Service” for “cover the costs of the service” in par. (1)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 100–518 amended subsec. (l) generally, substituting “cover the costs of the Service” for “cover the costs of the service” in par. (1).

    Enacted provision · exact public law section
    (2) by amending subsection (1) of section 7A (7 U.S.C. 79(a)(1) 7 USC 79a. to read as follows: “(l) (1) The Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable fees to cover the estimated costs to the Service incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Service incident to performance of its functions related to weighing, including administrative and supervisory costs directly related thereto. Such fees shall be deposited into the fund created in section 7(j) of this Act. “(2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to perform functions related to weighing under this section shall pay to the Administrator fees in such amount as the Administrator determines fair and reasonable and as will cover the costs incurred by the Service relating to supervision of the agency personnel and supervision by Service personnel of its field office personnel incurred as a result of the functions performed by such agencies, except costs incurred under sections 7(g)(3), 9, 10, and 14 of this Act. The fees shall be payable after the services are performed at such times as specified by the Administrator and shall be deposited in the fund created in section 7(j) of this Act. Failure to pay the fee within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated upon payment, within such period as specified by the Administrator, of the fee currently due plus interest and any further expenses incurred by the Service because of such termination. The interest rate on overdue fees shall be as prescribed by the Secretary, but not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per centum per annum as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum.”;

14. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 4(b)(1) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 79a(c)(2)

    Pub. L. 103–156, § 4(b)(1), in second sentence, substituted “ ‘official weighing’ or ‘supervision of weighing’ ” for “ ‘supervision of weighing’ ”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 103–156, § 4(b)(1), in second sentence, substituted “ ‘official weighing’ or ‘supervision of weighing’ ” for “ ‘supervision of weighing’ ”.

    Enacted provision · exact public law section
    (1) in the second sentence of subsection (c)(2), by inserting after “shall be deemed to refer to” the words “‘official weighing’ or”;

15. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 4(b)(2) · 107 Stat. 1525

    Inserted · 7 U.S.C. § 79a(d)

    Pub. L. 103–156, § 4(b)(2), inserted before period at end of second sentence “or as otherwise provided by agreement with the Canadian Government”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–156, § 4(b)(2), inserted before period at end of second sentence “or as otherwise provided by agreement with the Canadian Government”.

    Enacted provision · exact public law section
    (2) in the second sentence of subsection (d), by inserting before the period at the end “or as otherwise provided by agreement with the Canadian Government”; and

16. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(e) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 79a(e)

    Pub. L. 103–156, § 12(e), which directed amendment of “Section 7A(e)” by substituting “regulations as the Administrator” for “regulations as he”, without specifying the name of the Act being amended, was executed to this section, which is section 7A of the United States Grain Standards Act, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–156, § 12(e), which directed amendment of “Section 7A(e)” by substituting “regulations as the Administrator” for “regulations as he”, without specifying the name of the Act being amended, was executed to this section, which is section 7A of the United States Grain Standards Act, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by striking “he” and inserting “the Administrator”.

17. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 · 107 Stat. 1525

    1. Inserted · 7 U.S.C. § 79a(i)

       Pub. L. 103–156, §§ 4(b)(3), 5(b), inserted before period at end of first sentence “or as otherwise provided in section 79(i) of this title and subsection (d) of this section”

    2. Inserted · 7 U.S.C. § 79a(i)

       Pub. L. 103–156, §§ 4(b)(3), 5(b), inserted before period at end of second sentence “, except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out the weighing provisions within a single geographic area without undermining the policy stated in section 74 of this title”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–156, §§ 4(b)(3), 5(b), inserted before period at end of first sentence “or as otherwise provided in section 79(i) of this title and subsection (d) of this section” and inserted before period at end of second sentence “, except that the Administrator may conduct pilot programs to allow more than 1 official agency to carry out the weighing provisions within a single geographic area without undermining the policy stated in section 74 of this title”.

18. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 14(b) · 107 Stat. 1525

    Added · 7 U.S.C. § 79a(l)(3)

    Pub. L. 103–156, § 14(b), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (l)(3). Pub. L. 103–156, § 14(b), added par. (3).

    Enacted provision · exact public law section
    (b) Weighing and Supervisory Fees.— Section 7A(1) of such Act (7 U.S.C. 79a(l)) is amended by adding at the end the following new paragraph: “(3) The authority provided to the Administrator by paragraph (1) and the duties imposed by paragraph (2) on agencies and other persons described in such paragraph shall expire on September 30, 2000. After that date, the Administrator shall, under such regulations as the Administrator may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Service incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. The fees authorized by this paragraph shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.”.

19. 1994

    Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(4) · 108 Stat. 3178

    1. Substituted · 7 U.S.C. § 79a

       Pub. L. 103–354 substituted “supervision by the Secretary of the Secretary’s field office personnel” for “supervision by Service personnel of its field office personnel” in first sentence of subsec. (l)(2)

    2. Substituted · 7 U.S.C. § 79a

       Pub. L. 103–354 substituted “Secretary” for “Administrator” and “Service” wherever appearing in subsecs. (a) to (f) and (i) to (l)

    Source evidence

    Code amendment note
    Pub. L. 103–354 substituted “supervision by the Secretary of the Secretary’s field office personnel” for “supervision by Service personnel of its field office personnel” in first sentence of subsec. (l)(2) and substituted “Secretary” for “Administrator” and “Service” wherever appearing in subsecs. (a) to (f) and (i) to (l).

    Enacted provision · exact public law section
    (4) in sections 7(j)(2) and 7A(l)(2) (7 U.S.C. 79(j)(2) and 79a(l)(2)), by striking “supervision by Service personnel of its field office personnel” in the first sentence of both sections and inserting “supervision by the Secretary of the Secretary’s field office personnel”;

20. 2000

    Grain Standards and Warehouse Improvement Act of 2000

    Pub. L. 106–472 § 102(b) · 114 Stat. 2058

    1. Inserted · 7 U.S.C. § 79a(i)

       Pub. L. 106–472, § 102(b), inserted subsec. heading

    2. Amended · 7 U.S.C. § 79a(i)

       Pub. L. 106–472, § 102(b), designated existing provisions as par. (1)

    3. Inserted · 7 U.S.C. § 79a(i)

       Pub. L. 106–472, § 102(b), inserted par. heading

    4. Struck · 7 U.S.C. § 79a(i)

       Pub. L. 106–472, § 102(b), struck out second sentence, which prohibited more than one official agency or State delegated authority from operating at one time in any geographic area except as permitted in pilot programs

    5. Added · 7 U.S.C. § 79a(i)

       Pub. L. 106–472, § 102(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 106–472, § 102(b), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, struck out second sentence, which prohibited more than one official agency or State delegated authority from operating at one time in any geographic area except as permitted in pilot programs, and added par. (2).

    Enacted provision · exact public law section
    (b) Weighing Authority.— Section 7A(i) of the United States Grain Standards Act (7 U.S.C. 79a(i)) is amended— (1) by striking “(i) No” and inserting the following: “(i) Unauthorized Weighing Prohibited.— “(1) In general.— No”; (2) by striking the second sentence; and (3) by adding at the end the following: “(2) Geographic boundaries for official agencies.— Not more than one designated official agency referred to in paragraph (1) or State agency delegated authority pursuant to subsection (c)(2) to carry out the weighing provisions of this Act shall be operative at the same time in any geographic area defined by the Secretary, except that, 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 2, the Secretary may— “(A) allow more than one designated official agency to carry out the weighing provisions within the same geographical area as part of a pilot program; and “(B) allow a designated official agency to cross boundary lines to carry out the weighing provisions in another geographic area if the Secretary also determines that— “(i) the current designated official agency for that geographic area is unable to provide the weighing services in a timely manner; or “(ii) a person requesting weighing services in that geographic area has not been receiving official weighing services from the current designated official agency for that geographic area.”.

    Effective date note
    Amendment by section 103(b) of Pub. L. 106–472 effective as if enacted Sept. 30, 2000, see section 111 of Pub. L. 106–472, set out as a note under section 79 of this title.

21. 2000

    Grain Standards and Warehouse Improvement Act of 2000

    Pub. L. 106–472 § 103(b) · 114 Stat. 2058

    Substituted · 7 U.S.C. § 79a(l)(3)

    Pub. L. 106–472, § 103(b), substituted “2005” for “2000” in first sentence

    Source evidence

    Code amendment note
    Subsec. (l)(3). Pub. L. 106–472, § 103(b), substituted “2005” for “2000” in first sentence.

    Enacted provision · exact public law section
    (b) Weighing and Supervisory Fees.— Section 7A(l)(3) of the United States Grain Standards Act (7 U.S.C. 79a(l)(3)) is amended in the first sentence by striking “2000” and inserting “2005”.

    Effective date note
    Amendment by section 103(b) of Pub. L. 106–472 effective as if enacted Sept. 30, 2000, see section 111 of Pub. L. 106–472, set out as a note under section 79 of this title.

22. 2005

    Pub. L. 109–83 § 1(a) · 119 Stat. 2053

    Substituted · 7 U.S.C. § 79a(l)(3)

    Pub. L. 109–83 substituted “2015” for “2005”

    Source evidence

    Code amendment note
    Subsec. (l)(3). Pub. L. 109–83 substituted “2015” for “2005”.

    Enacted provision · exact public law section
    (a) In General.— Sections 7(j)(4), 7A(l)(3), 7D, 19, and 21(e) of the United States Grains Standards Act (7 U.S.C. 79(j)(4), 79a(l)(3), 79d, 87h, 87j(e)) are amended by striking “2005” each place it appears and inserting “2015”.

23. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(c)(1) · 129 Stat. 513

    Substituted · 7 U.S.C. § 79a(c)(2)

    Pub. L. 114–54, § 301(c)(1), substituted “subsections (e) and (g) of section 79” for “subsection (g) of section 79”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–54, § 301(c)(1), substituted “subsections (e) and (g) of section 79” for “subsection (g) of section 79”.

    Enacted provision · exact public law section
    (1) in subsection (c)(2), in the last sentence, by striking “subsection (g) of section 7” and inserting “subsections (e) and (g) of section 7”; and

24. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(b)(3)(B) · 129 Stat. 513

    1. Substituted · 7 U.S.C. § 79a(i)(2)

       Pub. L. 114–54, § 301(b)(3)(B), in introductory provisions, substituted “the Secretary shall allow a designated official agency to cross boundary lines to carry out weighing in another geographic area if—” for “the Secretary may—”

    2. Added · 7 U.S.C. § 79a(i)(2)

       Pub. L. 114–54, § 301(b)(3)(B), in introductory provisions, added subpars. (A) and (B)

    3. Struck · 7 U.S.C. § 79a(i)(2)

       Pub. L. 114–54, § 301(b)(3)(B), in introductory provisions, struck out former subpars. (A) and (B) which related to more than one designated official agency providing weighing in the same geographic area and a designated official agency crossing boundary lines to provide weighing in another geographic area

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 114–54, § 301(b)(3)(B), in introductory provisions, substituted “the Secretary shall allow a designated official agency to cross boundary lines to carry out weighing in another geographic area if—” for “the Secretary may—”, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which related to more than one designated official agency providing weighing in the same geographic area and a designated official agency crossing boundary lines to provide weighing in another geographic area.

    Enacted provision · exact public law section
    (B) Weighing authority.— Section 7A(i)(2) of the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is amended by striking “the Secretary may” and all that follows through the end of the paragraph and inserting the following: “the Secretary shall allow a designated official agency to cross boundary lines to carry out weighing in another geographic area if— “(A) the current designated official agency for that geographic area is unable to provide weighing services in a timely manner; or “(B) 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.” .

25. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(c)(2)(A) · 129 Stat. 513

    Inserted · 7 U.S.C. § 79a(l)

    Pub. L. 114–54, § 301(c)(2)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 114–54, § 301(c)(2)(A), inserted heading.

    Enacted provision · exact public law section
    (A) by striking “(l)(1) The Secretary” and inserting the following: “(l) Fees.— “(1) Weighing fees.— “(A) In general.— The Secretary” ;

26. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(c)(2)(A) · 129 Stat. 513

    1. Inserted · 7 U.S.C. § 79a(l)(1)

       Pub. L. 114–54, § 301(c)(2)(A), (B), inserted heading

    2. Amended · 7 U.S.C. § 79a(l)(1)

       Pub. L. 114–54, § 301(c)(2)(A), (B), designated first to third sentences as subpars. (A) to (C), respectively

    3. Inserted · 7 U.S.C. § 79a(l)(1)

       Pub. L. 114–54, § 301(c)(2)(A), (B), inserted subpar. headings, in subpar. (C)

    4. Substituted · 7 U.S.C. § 79a(l)(1)

       Pub. L. 114–54, § 301(c)(2)(A), (B), substituted “Fees described in this paragraph” for “Such fees”

    5. Added · 7 U.S.C. § 79a(l)(1)

       Pub. L. 114–54, § 301(c)(2)(A), (B), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (l)(1). Pub. L. 114–54, § 301(c)(2)(A), (B), inserted heading, designated first to third sentences as subpars. (A) to (C), respectively, and inserted subpar. headings, in subpar. (C), substituted “Fees described in this paragraph” for “Such fees”, and added subpar. (D).

    Enacted provision · exact public law section
    (A) by striking “(l)(1) The Secretary” and inserting the following: “(l) Fees.— “(1) Weighing fees.— “(A) In general.— The Secretary” ;

27. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(c)(2)(D) · 129 Stat. 513

    Redesignated · 7 U.S.C. § 79a(l)(3)

    Pub. L. 114–54, § 301(c)(2)(D), added par. (3). Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (l)(3). Pub. L. 114–54, § 301(c)(2)(D), added par. (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (D) by inserting after paragraph (2) the following: “(3) Adjustment of fees.— In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.” ; and

28. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 § 301(c)(2)(C) · 129 Stat. 513

    1. Redesignated · 7 U.S.C. § 79a(l)(4)

       Pub. L. 114–54, § 301(c)(2)(C), (E), redesignated par. (3) as (4)

    2. Substituted · 7 U.S.C. § 79a(l)(4)

       Pub. L. 114–54, § 301(c)(2)(C), (E), substituted “2020” for “2015”

    Source evidence

    Code amendment note
    Subsec. (l)(4). Pub. L. 114–54, § 301(c)(2)(C), (E), redesignated par. (3) as (4) and substituted “2020” for “2015”.

    Enacted provision · exact public law section
    (C) by redesignating paragraph (3) as paragraph (4);

29. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 title XII § 12610(b) · 132 Stat. 4490

    1. Inserted · 7 U.S.C. § 79a(i)(2)

       Pub. L. 115–334 inserted subpar. (A) designation and heading before “Not more” and subpar. (B) designation and heading before “the Secretary determines” in introductory provisions

    2. Substituted · 7 U.S.C. § 79a(i)(2)

       Pub. L. 115–334 substituted “Subject to subparagraph (B), not more” for “Not more” in subpar. (B)

    3. Substituted · 7 U.S.C. § 79a(i)(2)

       Pub. L. 115–334 substituted “Secretary.” for “Secretary, except that, if” in subpar. (B)

    4. Substituted · 7 U.S.C. § 79a(i)(2)

       Pub. L. 115–334 substituted “If the Secretary determines” for “the Secretary determines” in subpar. (B)

    5. Redesignated · 7 U.S.C. § 79a(i)(2)

       Pub. L. 115–334 redesignated former subpars. (A) and (B) as cls. (i) and (iii), respectively, of subpar. (B)

    6. Struck · 7 U.S.C. § 79a(i)(2)

       Pub. L. 115–334 struck out “or” at end of cl. (i) of subpar. (B)

    7. Added · 7 U.S.C. § 79a(i)(2)

       Pub. L. 115–334 added cl. (ii) of subpar. (B) and subpar. (C), and realigned margins

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 115–334 inserted subpar. (A) designation and heading before “Not more” and subpar. (B) designation and heading before “the Secretary determines” in introductory provisions, substituted “Subject to subparagraph (B), not more” for “Not more” and “Secretary.” for “Secretary, except that, if” in subpar. (A) and “If the Secretary determines” for “the Secretary determines” in subpar. (B), redesignated former subpars. (A) and (B) as cls. (i) and (iii), respectively, of subpar. (B), struck out “or” at end of cl. (i) of subpar. (B), added cl. (ii) of subpar. (B) and subpar. (C), and realigned margins.

    Enacted provision · exact public law section
    (b) Unauthorized Weighing Prohibited.— Section 7A(i)(2) of the United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (iii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking “Not more” and inserting the following: “(A) In general.— Subject to subparagraph (B), not more” ; (3) in subparagraph (A) (as so designated), in the matter preceding clause (i) (as so redesignated), by striking “Secretary, except that, if” and inserting the following: “Secretary. “(B) Exceptions.— If” ; (4) in subparagraph (B) (as so designated)— (A) in clause (i), by striking “or” at the end; and (B) by inserting after clause (i) the following: “(ii) a person requesting weighing services in that geographic area has not been receiving official weighing services from the current designated official agency for that geographic area; or” ; and (5) by adding after subparagraph (B) (as so designated)— “(C) 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 the date of enactment of the Agriculture Improvement Act of 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 enactment of the Agriculture Improvement Act of 2018.” .

30. 2020

    United States Grain Standards Reauthorization Act of 2020

    Pub. L. 116–216 § 3 · 134 Stat. 1048

    Substituted · 7 U.S.C. § 79a(l)(4)

    Pub. L. 116–216, in first sentence, substituted “2025” for “2020”

    Source evidence

    Code amendment note
    Subsec. (l)(4). Pub. L. 116–216, in first sentence, substituted “2025” for “2020”.

    Enacted provision · exact public law section
    SEC. 3. WEIGHING AUTHORITY.   Section 7A(l)(4) of the United States Grain Standards Act (7 U.S.C. 79a(l)(4)) is amended in the first sentence by striking “2020” and inserting “2025”.

49 of 55 references resolved to an enrolled provision · 6 partial