7 U.S.C. § 79a — Weighing authority

Page 177 TITLE 7—AGRICULTURE § 79a 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 OF 1976 AMENDMENT Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amend- ed, set out as a note under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90–487, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title. INVESTIGATIONS AND STUDIES OF GRAIN INSPECTION AND WEIGHING IN INTERIOR OF UNITED STATES; COM- PLETION OF STUDIES AND SUBMISSION OF REPORTS BY MAY 20, 1979, AND NOV. 20, 1979, RESPECTIVELY Pub. L. 94–582, § 8(b), Oct. 21, 1976, 90 Stat. 2874, as amended by Pub. L. 95–113, title XVI, §§ 1605(a), 1607(a), Sept. 29, 1977, 91 Stat. 1029, 1031, which directed the Ad- ministrator of the Federal Grain Inspection Service, the Director of the Office of Investigation of the United States Department of Agriculture, and the Comptroller General of the United States to severally conduct in- vestigations into and study grain inspection and weigh- ing in the interior of the United States, and required the Administrator and Director to submit reports to Congress not later than 30 months after Oct. 21, 1976, and the Comptroller General to submit a report not later than three years after Oct. 21, 1976, was repealed by Pub. L. 106–472, title I, § 110(a)(2), Nov. 9, 2000, 114 Stat. 2060. § 79a. Weighing authority (a) Official weighing in accordance with pre- scribed 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 re- quired 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 stor- age 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 chap- ter, in such manner as the Secretary deems ap- propriate and under such regulations as the Sec- retary may provide. (c) Personnel performing official weighing or su- pervision of weighing at locations at which official inspection is provided (1) With respect to official weighing or super- vision of weighing for locations at which official inspection is provided by the Secretary, the Sec- retary shall cause such official weighing or su- pervision of weighing to be performed by official inspection personnel employed by the Secretary. (2) With respect to official weighing or super- vision of weighing for any location at which offi- cial inspection is provided other than by the Secretary, the Secretary is authorized, with re- spect to export port locations, to delegate au- thority to perform official weighing or super- vision 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 inspec- tion service at such location to perform official weighing or supervision of weighing, if such agency or person qualifies for a delegation of au- thority or designation under section 79 of this title, except that where the term ‘‘official in- spection’’ is used in such section it shall be deemed to refer to ‘‘official weighing’’ or ‘‘super- vision of weighing’’ under this section. If such agency or person is not available to perform such weighing services, or the Secretary deter- mines that such agency or person is not quali- fied to perform such weighing services, then (A) at export port locations official weighing or su- pervision of weighing shall be performed by offi- cial inspection personnel employed by the Sec- retary, and (B) at any other location, the Sec- retary is authorized to cause official weighing or supervision of weighing to be performed by offi- cial inspection personnel employed by the Sec- retary or designate any State or local govern- mental 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 in- spection’’ is used in such section it shall be deemed to refer to ‘‘official weighing’’ or ‘‘super- vision of weighing’’ under this section. Delega- tions and designations made pursuant to this subsection shall be subject to the same provi- sions for delegations and designations set forth in subsections (e) and (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 pro- vided 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 func- tions of such weighing shall be performed by of- ficial inspection personnel employed by the Sec- retary or, except for appeals, by persons oper- ating under a contract with the Secretary or as otherwise provided by agreement with the Cana- dian Government. (e) Official weighing or supervision of weighing upon request of operators of grain elevators, warehouses, or other storage or handling fa- cilities 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 ele- vators, 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. Page 178 TITLE 7—AGRICULTURE § 79a (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 stor- age 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 ac- cordance 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 per- sons other than official inspection personnel, will require such persons to operate the scales in accordance with the regulations of the Sec- retary and to require that each lot of grain for delivery from any railroad car, truck, barge, vessel, or other means of conveyance at the fa- cility 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 re- quirements 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 per- son 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 oth- erwise provided in section 79(i) of this title and subsection (d). (2) Geographic boundaries for official agencies (A) In general Subject to subparagraph (B), not more than one designated official agency referred to in paragraph (1) or State agency dele- gated authority pursuant to subsection (c)(2) to carry out the weighing provisions of this chapter shall be operative at the same time in any geographic area defined by the Sec- retary. (B) Exceptions If the Secretary determines that the pres- ence 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 shall allow a des- ignated official agency to cross boundary lines to carry out weighing in another geo- graphic area if— (i) the current designated official agency for that geographic area is unable to pro- vide weighing services in a timely manner; (ii) a person requesting weighing services in that geographic area has not been re- ceiving official weighing services from the current designated official agency for that geographic area; or (iii) the current official agency for that geographic area agrees in writing with the adjacent official agency to waive the cur- rent geographic area restriction at the re- quest of the applicant for service. (C) Restoration of certain exceptions (i) Definition of eligible grain handling fa- cility In this subparagraph, the term ‘‘eligible grain handling facility’’ means a grain handling facility that— (I) was granted an exception under the final rule entitled ‘‘Exceptions to Geo- graphic Areas for Official Agencies Under the USGSA’’ (68 Fed. Reg. 19137 (April 18, 2003)); and (II) had that exception revoked be- tween September 30, 2015 and December 20, 2018. (ii) Restoration of exceptions Within 90 days of notification from an el- igible grain handling facility, the Sec- retary shall restore an exception described in clause (i)(I) with an official agency if— (I) the eligible grain handling facility and the former excepted official agency agree to restore that exception; and (II) the eligible grain handling facility notifies the Secretary of the preferred date for restoration of the exception within 90 days of December 20, 2018. (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 stor- age or handling facilities The representatives of the Secretary shall be afforded access to any elevator, warehouse, or Page 179 TITLE 7—AGRICULTURE § 79a 1 So in original. Probably should be ‘‘the Secretary’s’’. 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 com- merce and all facilities therein for weighing grain. (l) Fees (1) WEIGHING FEES.— (A) IN GENERAL.—The Secretary shall, under such regulations as the Secretary may pre- scribe, charge and collect reasonable fees to cover the estimated costs to the Secretary in- cident to the performance of the functions provided for under this section except as oth- erwise provided in paragraph (2) of this sub- section. (B) AMOUNT OF FEES.—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 weigh- ing, including administrative and supervisory costs directly related thereto. (C) USE OF FEES.—Fees described in this paragraph shall be deposited into the fund cre- ated in section 79(j) of this title. (D) EXPORT TONNAGE FEES.—For an official weighing at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5- year average of export tonnage volumes. (2) Each agency to which authority has been delegated under this section and each agency or other person which has been designated to per- form 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 Sec- retary 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 per- formed at such times as specified by the Sec- retary 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 pay- ment, within such period as specified by the Sec- retary, 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 obliga- tions of the United States of comparable matu- rity, 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) ADJUSTMENT OF FEES.—In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually. (4) The authority provided to the Secretary by paragraph (1) and the duties imposed by para- graph (2) on agencies and other persons de- scribed in such paragraph shall expire on Sep- tember 30, 2025. 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 au- thority. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Secretary incident to its performance of of- ficial weighing and supervision of weighing serv- ices in the United States and on United States grain in Canadian ports, excluding administra- tive and supervisory costs. The fees authorized by this paragraph shall be deposited into a fund which shall be available without fiscal year lim- itation for the expenses of the Secretary inci- dent to providing services under this chapter. (Aug. 11, 1916, ch. 313, pt. B, § 7A, as added Pub. L. 94–582, § 9, Oct. 21, 1976, 90 Stat. 2875; amended Pub. L. 95–113, title XVI, §§ 1602(b), 1604(e), 1606(e), Sept. 29, 1977, 91 Stat. 1025, 1027, 1030; Pub. L. 97–35, title I, § 155(2), Aug. 13, 1981, 95 Stat. 371; Pub. L. 100–518, § 2(2), Oct. 24, 1988, 102 Stat. 2585; Pub. L. 103–156, §§ 4(b), 5(b), 12(e), 14(b), Nov. 24, 1993, 107 Stat. 1526, 1528, 1530; Pub. L. 103–354, title II, § 293(a)(4), (7), (8), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 106–472, title I, §§ 102(b), 103(b), Nov. 9, 2000, 114 Stat. 2059, 2060; Pub. L. 109–83, § 1(a), Sept. 30, 2005, 119 Stat. 2053; Pub. L. 114–54, title III, § 301(b)(3)(B), (c), Sept. 30, 2015, 129 Stat. 518, 519; Pub. L. 115–334, title XII, § 12610(b), Dec. 20, 2018, 132 Stat. 5012; Pub. L. 116–216, § 3, Dec. 11, 2020, 134 Stat. 1048.) Editorial Notes REFERENCES IN TEXT The United States Warehouse Act, referred to in sub- sec. (j), is part C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, which is classified generally to chapter 10 (§ 241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 241 of this title and Tables. AMENDMENTS 2020—Subsec. (l)(4). Pub. L. 116–216, in first sentence, substituted ‘‘2025’’ for ‘‘2020’’. 2018—Subsec. (i)(2). Pub. L. 115–334 inserted subpar. (A) designation and heading before ‘‘Not more’’ and subpar. (B) designation and heading before ‘‘the Sec- retary determines’’ in introductory provisions, sub- stituted ‘‘Subject to subparagraph (B), not more’’ for ‘‘Not more’’ and ‘‘Secretary.’’ for ‘‘Secretary, except that, if’’ in subpar. (A) and ‘‘If the Secretary deter- mines’’ for ‘‘the Secretary determines’’ in subpar. (B), redesignated former subpars. (A) and (B) as cls. (i) and (iii), respectively, of subpar. (B), struck out ‘‘or’’ at end of cl. (i) of subpar. (B), added cl. (ii) of subpar. (B) and subpar. (C), and realigned margins. 2015—Subsec. (c)(2). Pub. L. 114–54, § 301(c)(1), sub- stituted ‘‘subsections (e) and (g) of section 79’’ for ‘‘sub- section (g) of section 79’’. Subsec. (i)(2). Pub. L. 114–54, § 301(b)(3)(B), in intro- ductory provisions, substituted ‘‘the Secretary shall allow a designated official agency to cross boundary lines to carry out weighing in another geographic area if—’’ for ‘‘the Secretary may—’’, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which related to more than one designated official agency providing weighing in the same geographic area and a Page 180 TITLE 7—AGRICULTURE § 79a designated official agency crossing boundary lines to provide weighing in another geographic area. Subsec. (l). Pub. L. 114–54, § 301(c)(2)(A), inserted head- ing. Subsec. (l)(1). Pub. L. 114–54, § 301(c)(2)(A), (B), in- serted heading, designated first to third sentences as subpars. (A) to (C), respectively, and inserted subpar. headings, in subpar. (C), substituted ‘‘Fees described in this paragraph’’ for ‘‘Such fees’’, and added subpar. (D). Subsec. (l)(3). Pub. L. 114–54, § 301(c)(2)(D), added par. (3). Former par. (3) redesignated (4). Subsec. (l)(4). Pub. L. 114–54, § 301(c)(2)(C), (E), redesig- nated par. (3) as (4) and substituted ‘‘2020’’ for ‘‘2015’’. 2005—Subsec. (l)(3). Pub. L. 109–83 substituted ‘‘2015’’ for ‘‘2005’’. 2000—Subsec. (i). Pub. L. 106–472, § 102(b), inserted sub- sec. 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 pro- grams, and added par. (2). Subsec. (l)(3). Pub. L. 106–472, § 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 per- sonnel’’ in first sentence of subsec. (l)(2) and sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ and ‘‘Serv- ice’’ wherever appearing in subsecs. (a) to (f) and (i) to (l). 1993—Subsec. (c)(2). Pub. L. 103–156, § 4(b)(1), in second sentence, substituted ‘‘ ‘official weighing’ or ‘super- vision of weighing’ ’’ for ‘‘ ‘supervision of weighing’ ’’. Subsec. (d). Pub. L. 103–156, § 4(b)(2), inserted before period at end of second sentence ‘‘or as otherwise pro- vided by agreement with the Canadian Government’’. Subsec. (e). Pub. L. 103–156, § 12(e), which directed amendment of ‘‘Section 7A(e)’’ by substituting ‘‘regula- tions 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 prob- able intent of Congress. Subsec. (i). Pub. L. 103–156, §§ 4(b)(3), 5(b), inserted be- fore 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 sec- ond 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, § 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 nomen- clature, 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, § 1606(e), substituted ‘‘standards or procedures’’ for ‘‘standards’’. Subsec. (b). Pub. L. 95–113, §§ 1604(e)(1), 1606(e), sub- stituted ‘‘The Administrator is authorized to cause of- ficial weighing or supervision of weighing under stand- ards or procedures’’ for ‘‘The Administrator is author- ized to cause supervision of weighing under standards’’ and ‘‘other than at export elevators at export port loca- tions’’ for ‘‘other than at export port locations’’. Subsec. (c)(2). Pub. L. 95–113, § 1604(e)(2), made tech- nical amendments to conform par. (2) to increased au- thority 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, § 1604(e)(3), inserted re- quirement that all or specified functions of Canadian weighing be performed by official inspection personnel employed by the Service or, except for appeals, by per- sons operating under a contract with the Service. Subsec. (e). Pub. L. 95–113, §§ 1604(e)(4), 1606(e), sub- stituted ‘‘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, nondiscrim- inatory, and equal, as nearly as possible, to the cost of providing the service. Subsec. (f)(2). Pub. L. 95–113, § 1604(e)(5)(A), sub- stituted ‘‘permit only competent persons with a reputa- tion for honesty and integrity and who are approved by the Administrator’’ for ‘‘employ only competent per- sons with a reputation for honesty and integrity’’. Subsec. (f)(3). Pub. L. 95–113, § 1604(e)(5)(B), sub- stituted ‘‘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 em- ployees to operate the scales’’. Subsec. (g). Pub. L. 95–113, § 1604(e)(6), substituted ‘‘of- ficial weighing or supervision of weighing’’ for ‘‘official weighing’’. Subsec. (i). Pub. L. 95–113, § 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 Ad- ministrator to effectuate the objectives stated in sec- tion 74 of this title. Subsec. (l). Pub. L. 95–113, § 1602(b), revised provisions relating to fees so as to remove requirement that field supervision of weighing be supported by fees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by section 103(b) of Pub. L. 106–472 effec- tive 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 pro- vided 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, §§ 13(a), 16(b), Nov. 24, 1993, 107 Stat. 1529, 1530, eff. Sept. 30, 1993. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT Pub. L. 97–35, title I, § 155, Aug. 13, 1981, 95 Stat. 371, as amended by Pub. L. 98–469, § 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 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. 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,