§ 79b. Testing of equipment

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. § 79b

   Aug. 11, 1916, ch. 313, pt. B, § 7B, as added Pub. L. 94–582, § 9, Oct. 21, 1976, 90 Stat. 2877

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 7B, as added Pub. L. 94–582, § 9, Oct. 21, 1976, 90 Stat. 2877

   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 § 1604(f)(1) · 91 Stat. 913

   1. Substituted · 7 U.S.C. § 79b(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”

   2. Inserted · 7 U.S.C. § 79b(a)

      Pub. L. 95–113, § 1604(f)(1), (2), 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (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);

   Effective date note
   Amendment 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.

3. 1977

   Food and Agriculture Act of 1977

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

   Substituted · 7 U.S.C. § 79b(c)

   Pub. L. 95–113, § 1604(f)(3), substituted “shall use for the purposes of this chapter” for “shall use”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–113, § 1604(f)(3), substituted “shall use for the purposes of this chapter” for “shall use”.

   Enacted provision · exact public law section
   (3) inserting “for the purposes of this Act” immediately after “no person shall use” in subsection (c).

   Effective date note
   Amendment 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.

4. 1993

   United States Grain Standards Act Amendments of 1993

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

   Substituted · 7 U.S.C. § 79b(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

   Source evidence

   Code amendment note
   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.

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

5. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 title II § 293(a)(7) · 108 Stat. 3178

   Substituted · 7 U.S.C. § 79b

   Pub. L. 103–354 substituted “Secretary” for “Administrator” and “Service” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 103–354 substituted “Secretary” for “Administrator” and “Service” wherever appearing.

   Enacted provision · exact public law section
   (7) except as otherwise provided in this subsection, by striking “Administrator” each place it appears and inserting “Secretary”; and

6. 2000

   Grain Standards and Warehouse Improvement Act of 2000

   Pub. L. 106–472 title I § 104 · 114 Stat. 2058

   Struck · 7 U.S.C. § 79b(a)

   Pub. L. 106–472 struck out “but at least annually and” before “under such regulations” in first sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–472 struck out “but at least annually and” before “under such regulations” in first sentence.

   Enacted provision · exact public law section
   SEC. 104. TESTING OF EQUIPMENT. Section 7B(a) of the United States Grain Standards Act (7 U.S.C. 79b(a)) is amended in the first sentence by striking “but at least annually and”.

7 of 7 references resolved to an enrolled provision