7 U.S.C. § 79b — Testing of equipment

Page 181 TITLE 7—AGRICULTURE § 79d § 79b. Testing of equipment (a) Random and periodic testing at least annu- ally; fees The Secretary shall provide for the testing of all equipment used in the sampling, grading, in- spection, 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 facili- ties 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 pre- scribe, as the Secretary deems necessary to as- sure the accuracy and integrity of such equip- ment. Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Secretary inci- dent to the performance of such testing by em- ployees of the Secretary. Such fees shall be de- posited 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) to be per- formed (1) by personnel employed by the Sec- retary, or (2) by States, political subdivisions thereof, or persons under the supervision of the Secretary, under such regulations as the Sec- retary may prescribe. (c) Use of non-approved equipment prohibited Notwithstanding any other provision of law, no person shall use for the purposes of this chap- ter 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.) Editorial Notes 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 ‘‘Ad- ministrator’’ 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 nec- essary’’, 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), sub- stituted ‘‘and weighing for the purpose of official in- spection, official weighing, or supervision of weighing of grain located at all grain elevators’’ for ‘‘and weigh- ing 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’’. Statutory Notes and Related Subsidiaries 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 sec- tion 27 of Pub. L. 94–582, as amended, set out as an Ef- fective Date of 1976 Amendment note under section 74 of this title. § 79c. Omitted Editorial Notes CODIFICATION Section, act Aug. 11, 1916, ch. 313, pt. B, § 7C, as added Aug. 13, 1981, Pub. L. 97–35, title I, § 155(3), 95 Stat. 372; amended Oct. 11, 1984, Pub. L. 98–469, § 2(2), 98 Stat. 1831, which limited the total administrative and supervisory costs which could be incurred under this chapter for fis- cal years 1982 through 1988, was effective for the period Oct. 1, 1981, through Sept. 30, 1988, pursuant to section 155 of Pub. L. 97–35, as amended. See section 79d of this title. § 79d. Limitation on administrative and super- visory costs The total administrative and supervisory costs which may be incurred under this chapter for services performed (excluding standardiza- tion, compliance, and foreign monitoring activi- ties) for each of the fiscal years 1989 through 2025 shall not exceed 30 percent of the total costs for such activities carried out by the Secretary for such year. (Aug. 11, 1916, ch. 313, pt. B, § 7D, as added Pub. L. 100–518, § 2(3), Oct. 24, 1988, 102 Stat. 2585; amended Pub. L. 103–156, § 2, Nov. 24, 1993, 107 Stat. 1525; Pub. L. 103–354, title II, § 293(a)(8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, § 105, Nov. 9, 2000, 114 Stat. 2060; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053; Pub. L. 114–54, title III, § 301(d), Sept. 30, 2015, 129 Stat. 520; Pub. L. 116–216, § 4, Dec. 11, 2020, 134 Stat. 1048.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–216 substituted ‘‘2025’’ for ‘‘2020’’. 2015—Pub. L. 114–54 substituted ‘‘2020’’ for ‘‘2015’’. 2005—Pub. L. 109–83 substituted ‘‘2015’’ for ‘‘2005’’. 2000—Pub. L. 106–472 substituted ‘‘2005’’ for ‘‘2000’’ and ‘‘30 percent’’ for ‘‘40 per centum’’. 1994—Pub. L. 103–354 substituted ‘‘Secretary’’ for ‘‘Service’’. 1993—Pub. L. 103–156 substituted ‘‘services per- formed’’ for ‘‘inspection and weighing’’ and ‘‘2000’’ for ‘‘1993’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by 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 DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–156 effective as of Sept. 30, 1993, see section 16(b) of Pub. L. 103–156, set out as a note under section 75 of this title. EFFECTIVE AND TERMINATION DATES That part of section 2 of Pub. L. 100–518 which pro- vided that section was effective for the period Oct. 1,