§ 79a. — Weighing authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC79a]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 79a. Weighing authority
(a) Official weighing in accordance with prescribed regulations
The Secretary shall cause official weighing under standards or
procedures provided for in section 76 of this title to be made of all
grain required to be officially weighed as provided in section 77 of
this title, in accordance with such regulations as the Secretary may
prescribe.
(b) Official weighing or supervision of weighing at grain elevators,
warehouses, or other storage or handling facilities located
other than at export elevators at export port locations
The Secretary is authorized to cause official weighing or
supervision of weighing under standards or procedures provided in
section 76 of this title to be performed at any grain elevator,
warehouse, or other storage or handling facility located other than at
export elevators at export port locations at which official inspection
is provided pursuant to the provisions of this chapter, in such manner
as the Secretary deems appropriate and under such regulations as the
Secretary may provide.
(c) Personnel performing official weighing or supervision of weighing at
locations at which official inspection is provided
(1) With respect to official weighing or supervision of weighing for
locations at which official inspection is provided by the Secretary, the
Secretary shall cause such official weighing or supervision of weighing
to be performed by official inspection personnel employed by the
Secretary.
(2) With respect to official weighing or supervision of weighing for
any location at which official inspection is provided other than by the
Secretary, the Secretary is authorized, with respect to export port
locations, to delegate authority to perform official weighing or
supervision of 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 official weighing or
supervision of weighing, if such agency or person qualifies for a
delegation of authority or designation under section 79 of this title,
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 Secretary
determines that such agency or person is not qualified to perform such
weighing services, then (A) at export port locations official weighing
or supervision of weighing shall be performed by official inspection
personnel employed by the Secretary, and (B) at any other location, the
Secretary is authorized to cause official weighing or supervision of
weighing to be performed by official inspection personnel employed by
the Secretary or designate any State or local governmental agency, or
any person to perform official weighing or 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 79 of
this title, 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. Delegations and
designations made pursuant to this subsection shall be subject to the
same provisions for delegations and designations set forth in subsection
(g) of section 79 of this title.
(d) Official weighing in Canadian ports
The Secretary is authorized to cause official weighing under this
chapter to be made, as provided in subsection (a) of section 77 of this
title, 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. All or specified functions of such weighing shall be performed
by official inspection personnel employed by the Secretary or, except
for appeals, by persons operating under a contract with the Secretary or
as otherwise provided by agreement with the Canadian Government.
(e) Official weighing or supervision of weighing upon request of
operators of grain elevators, warehouses, or other storage or
handling facilities
The Secretary is further authorized to cause official weighing or
supervision of weighing under standards or procedures provided for in
section 76 of this title 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 the Secretary may prescribe.
(f) Demonstrated willingness of operators of grain elevators,
warehouses, or other storage or handling facilities to meet
equipment and personnel requirements
No official weighing or supervision of weighing shall be provided
for the purposes of this chapter 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 Secretary 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 Secretary; (2) will
permit only competent persons with a reputation for honesty and
integrity and who are approved by the Secretary to operate the scales
and to handle grain in connection with weighing of the grain, in
accordance with this chapter; (3) when weighing is to be done by persons
other than official inspection personnel, will require such persons to
operate the scales in accordance with the regulations of the Secretary
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 Secretary; (4) will
provide all assistance needed by the Secretary for making any inspection
or examination and carrying out other functions at the facility pursuant
to this chapter; and (5) will comply with all other requirements of this
chapter and the regulations hereunder.
(g) Official certificates as evidence
Official certificates setting out the results of official weighing
or supervision of weighing, issued and not cancelled under this chapter,
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) Weighing prohibited when not in accordance with prescribed
procedures
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 be performed as provided for in this
section except in accordance with the procedures prescribed pursuant to
this section.
(i) Unauthorized weighing prohibited
(1) In general
No State or local governmental agency or person other than an
authorized employee of the Secretary shall perform official weighing
or supervision of weighing for the purposes of this chapter except
in accordance with the provisions of an unsuspended and unrevoked
delegation of authority or designation by the Secretary as provided
in this section or as otherwise provided in section 79(i) of this
title and subsection (d) of this section.
(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) of this section to carry out the weighing
provisions of this chapter 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 74 of this title, 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.
(j) Authority under United States Warehouse Act not limited
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) Access to elevators, warehouses, or their storage or handling
facilities
The representatives of the Secretary 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.
(l) Fees; establishment, amount, payment, etc.
(1) The Secretary shall, under such regulations as the Secretary may
prescribe, charge and collect reasonable fees to cover the estimated
costs to the Secretary 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 Secretary
incident to performance of its \1\ functions related to weighing,
including administrative and supervisory costs directly related thereto.
Such fees shall be deposited into the fund created in section 79(j) of
this title.
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\1\ So in original. Probably should be ``the Secretary's''.
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(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 Secretary fees in such amount as the Secretary determines fair and
reasonable and as will cover the costs incurred by the Secretary
relating to supervision of the agency personnel and supervision by the
Secretary of the Secretary's field office personnel incurred as a result
of the functions performed by such agencies, except costs incurred under
sections 79(g)(3), 85, 86, and 87c of this title. The fees shall be
payable after the services are performed at such times as specified by
the Secretary and shall be deposited in the fund created in section
79(j) of this title. 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 Secretary, of the fee currently due plus interest
and any further expenses incurred by the Secretary 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.
(3) The authority provided to the Secretary by paragraph (1) and the
duties imposed by paragraph (2) on agencies and other persons described
in such paragraph shall expire on September 30, 2005. After that date,
the Secretary shall, under such regulations as the Secretary 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 Secretary incident to its \1\
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 Secretary
incident to providing services under this chapter.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 7A, as added Pub. L. 94-582,
Sec. 9, Oct. 21, 1976, 90 Stat. 2875; amended Pub. L. 95-113, title XVI,
Secs. 1602(b), 1604(e), 1606(e), Sept. 29, 1977, 91 Stat. 1025, 1027,
1030; Pub. L. 97-35, title I, Sec. 155(2), Aug. 13, 1981, 95 Stat. 371;
Pub. L. 100-518, Sec. 2(2), Oct. 24, 1988, 102 Stat. 2585; Pub. L. 103-
156, Secs. 4(b), 5(b), 12(e), 14(b), Nov. 24, 1993, 107 Stat. 1526,
1528, 1530; Pub. L. 103-354, title II, Sec. 293(a)(4), (7), (8), Oct.
13, 1994, 108 Stat. 3237; Pub. L. 106-472, title I, Secs. 102(b),
103(b), Nov. 9, 2000, 114 Stat. 2059, 2060.)
References in Text
The United States Warehouse Act, referred to in subsec. (j), is part
C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, as amended, which is
classified generally to chapter 10 (Sec. 241 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 241 of this title and Tables.
Amendments
2000--Subsec. (i). Pub. L. 106-472, Sec. 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).
Subsec. (l)(3). Pub. L. 106-472, Sec. 103(b), substituted ``2005''
for ``2000'' in first sentence.
1994--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).
1993--Subsec. (c)(2). Pub. L. 103-156, Sec. 4(b)(1), in second
sentence, substituted `` `official weighing' or `supervision of
weighing' '' for `` `supervision of weighing' ''.
Subsec. (d). Pub. L. 103-156, Sec. 4(b)(2), inserted before period
at end of second sentence ``or as otherwise provided by agreement with
the Canadian Government''.
Subsec. (e). Pub. L. 103-156, Sec. 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.
Subsec. (i). Pub. L. 103-156, Secs. 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''.
Subsec. (l)(3). Pub. L. 103-156, Sec. 14(b), added par. (3).
1988--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).
1981--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.
1977--Subsec. (a). Pub. L. 95-113, Sec. 1606(e), substituted
``standards or procedures'' for ``standards''.
Subsec. (b). Pub. L. 95-113, Secs. 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''.
Subsec. (c)(2). Pub. L. 95-113, Sec. 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.
Subsec. (d). Pub. L. 95-113, Sec. 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.
Subsec. (e). Pub. L. 95-113, Secs. 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.
Subsec. (f)(2). Pub. L. 95-113, Sec. 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''.
Subsec. (f)(3). Pub. L. 95-113, Sec. 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''.
Subsec. (g). Pub. L. 95-113, Sec. 1604(e)(6), substituted ``official
weighing or supervision of weighing'' for ``official weighing''.
Subsec. (i). Pub. L. 95-113, Sec. 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.
Subsec. (l). Pub. L. 95-113, Sec. 1602(b), revised provisions
relating to fees so as to remove requirement that field supervision of
weighing be supported by fees.
Effective Date of 2000 Amendment
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.
Effective and Termination Dates of 1988 Amendment
That part of section 2 of Pub. L. 100-518 which provided that the
amendment made by Pub. L. 100-518 was effective for period Oct. 1, 1988,
through Sept. 30, 1993, inclusive, was repealed by Pub. L. 103-156,
Secs. 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30,
1993.
Effective and Termination Dates of 1981 Amendment
Section 155 of Pub. L. 97-35, as amended by Pub. L. 98-469, Sec. 1,
Oct. 11, 1984, 98 Stat. 1831, provided that the amendment made by Pub.
L. 97-35 is effective for period beginning Oct. 1, 1981, and ending
Sept. 30, 1988.
Effective Date of 1977 Amendment
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.
Effective Date
Section effective 30 days after Oct. 21, 1976, see section 27 of
Pub. L. 94-582, as amended, set out as an Effective Date of 1976
Amendment note under section 74 of this title.
Section Referred to in Other Sections
This section is referred to in sections 75, 84, 87, 87b, 87e, 87h of
this title.
