§ 79b. — Testing of equipment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC79b]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 79b. Testing of equipment
(a) Random and periodic testing at least annually; fees
The Secretary shall provide for the testing of all equipment used in
the sampling, grading, inspection, and weighing for the purpose of
official inspection, official weighing, or supervision of weighing of
grain located at all grain elevators, warehouses, or other storage or
handling facilities at which official inspection or weighing services
are provided under this chapter, to be made on a random and periodic
basis, under such regulations as the Secretary may prescribe, as the
Secretary deems necessary to assure the accuracy and integrity of such
equipment. Such regulations shall provide for the charging and
collection of reasonable fees to cover the estimated costs to the
Secretary incident to the performance of such testing by employees of
the Secretary. Such fees shall be deposited into the fund created by
section 79(j) of this title.
(b) Personnel to conduct testing
The Secretary is authorized to cause such testing provided for in
subsection (a) of this section to be performed (1) by personnel employed
by the Secretary, or (2) by States, political subdivisions thereof, or
persons under the supervision of the Secretary, under such regulations
as the Secretary may prescribe.
(c) Use of non-approved equipment prohibited
Notwithstanding any other provision of law, no person shall use for
the purposes of this chapter any such equipment not approved by the
Secretary.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 7B, as added Pub. L. 94-582,
Sec. 9, Oct. 21, 1976, 90 Stat. 2877; amended Pub. L. 95-113, title XVI,
Sec. 1604(f), Sept. 29, 1977, 91 Stat. 1028; Pub. L. 103-156,
Sec. 12(f), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103-354, title II,
Sec. 293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106-472,
title I, Sec. 104, Nov. 9, 2000, 114 Stat. 2060.)
Amendments
2000--Subsec. (a). Pub. L. 106-472 struck out ``but at least
annually and'' before ``under such regulations'' in first sentence.
1994--Pub. L. 103-354 substituted ``Secretary'' for
``Administrator'' and ``Service'' wherever appearing.
1993--Subsec. (a). Pub. L. 103-156, which directed amendment of
``Section 7B(a)'' by substituting ``as the Administrator deems
necessary'' for ``as he deems necessary'', without specifying the name
of the Act being amended, was executed to this section, which is section
7B of the United States Grain Standards Act, to reflect the probable
intent of Congress.
1977--Subsec. (a). Pub. L. 95-113, Sec. 1604(f)(1), (2), substituted
``and weighing for the purpose of official inspection, official
weighing, or supervision of weighing of grain located at all grain
elevators'' for ``and weighing of grain located at all grain elevators''
and inserted provisions that regulations provide for the charging and
collection of reasonable fees to cover the estimated costs to the
Service incident to the performance of testing by employees of the
Service and that the fees be deposited into the fund created by section
79(j) of this title.
Subsec. (c). Pub. L. 95-113, Sec. 1604(f)(3), substituted ``shall
use for the purposes of this chapter'' for ``shall use''.
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 87b, 87e, 87h of this title.
