§ 138f. — Fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC138f]
TITLE 7--AGRICULTURE
CHAPTER 6A--NATIONAL LABORATORY ACCREDITATION
Sec. 138f. Fees
(a) In general
At the time that an application for accreditation is received by the
Secretary and annually thereafter, a laboratory seeking accreditation by
the Secretary under the authority of this chapter, the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), or the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.) shall pay to the Secretary a
nonrefundable accreditation fee. All fees collected by the Secretary
shall be credited to the account from which the expenses of the
laboratory accreditation program are paid and, subject to subsection (e)
of this section, shall be available immediately and remain available
until expended to pay the expenses of the laboratory accreditation
program.
(b) Amount of fee
The fee required under this section shall be established by the
Secretary in an amount that will offset the cost of the laboratory
accreditation programs administered by the Secretary under the statutory
authorities set forth in subsection (a) of this section.
(c) Reimbursement of expenses
Each laboratory that is accredited under a statutory authority set
forth in subsection (a) of this section or that has applied for
accreditation under such authority shall reimburse the Secretary for
reasonable travel and other expenses necessary to perform onsite
inspections of the laboratory.
(d) Adjustment of fees
The Secretary may, on an annual basis, adjust the fees imposed under
this section as necessary to support the full costs of the laboratory
accreditation programs carried out under the statutory authorities set
forth in subsection (a) of this section.
(e) Appropriations prerequisite
No fees collected under this section may be used to offset the cost
of laboratory accreditation without appropriations made under subsection
(f) of this section.
(f) Authorization of appropriations
There are authorized to be appropriated each fiscal year such sums
as may be necessary for laboratory accreditation services under this
section.
(Pub. L. 101-624, title XIII, Sec. 1327, Nov. 28, 1990, 104 Stat. 3565;
Pub. L. 102-237, title X, Sec. 1017, Dec. 13, 1991, 105 Stat. 1904.)
References in Text
The Federal Meat Inspection Act, referred to in subsec. (a), is
titles I to IV of act Mar. 4, 1907, ch. 2907, as added Dec. 15, 1967,
Pub. L. 90-201, 81 Stat. 584, and amended, which are classified
generally to subchapters I to IV (Sec. 601 et seq.) of chapter 12 of
Title 21, Food and Drugs. For complete classification of this Act to the
Code, see Short Title note set out under section 601 of Title 21 and
Tables.
The Poultry Products Inspection Act, referred to in subsec. (a), is
Pub. L. 85-172, Aug. 28, 1957, 71 Stat. 441, as amended, which is
classified generally to chapter 10 (Sec. 451 et seq.) of Title 21. For
complete classification of this Act to the Code, see Short Title note
set out under section 451 of Title 21 and Tables.
Amendments
1991--Pub. L. 102-237 amended section generally, in subsec. (a),
inserting provisions relating to Federal Meat Inspection Act and Poultry
Products Inspection Act and provisions relating to crediting and
availability of fees, in subsec. (b), substituting provisions relating
to fee under this section for provisions relating to fee under subsec.
(a) of this section, and provisions relating to laboratory accreditation
programs administered by Secretary under statutory authorities set forth
in subsec. (a) of this section for provisions relating to program
established under this chapter, in subsec. (c), substituting provisions
relating to statutory authority set forth in subsec. (a) of this section
for provisions relating to this chapter, in subsec. (d), substituting
provisions relating to laboratory accreditation programs under statutory
authority set forth in subsec. (a) of this section for provisions
relating to program established under this chapter, and adding subsecs.
(e) and (f).
