7-U.S.C.-79B
§79B – Testing of Equipment
Pathway
Title 7 > Chapter 3 > Section 79b
Details
- Reference: Section 79b
- Legend: §79B – Testing of Equipment
- USCode Year: 2013
Provision Content
(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, §7B, as added Pub. L. 94–582, §9, Oct. 21, 1976, 90 Stat. 2877; amended Pub. L. 95–113, title XVI, §1604(f), Sept. 29, 1977, 91 Stat. 1028; Pub. L. 103–156, §12(f), Nov. 24, 1993, 107 Stat. 1528; Pub. L. 103–354, title II, §293(a)(7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, §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, §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, §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.
U.S. Encyclopedia of Law Coverage
7-U.S.C.-79A in the Legal Encyclopedia: Agriculture
In this entry about 7-U.S.C.-79A, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.
7-U.S.C.-586 in the Legal Encyclopedia: Standards
In this entry about 7-U.S.C.-586, find legal reference material, bibliographies and premiere content related to standards in the American Encyclopedia of Law, presenting a comprehensive view of the United States standards-specific issues, written by authorities in the field.
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