7 U.S.C. § 79b — Testing of equipment

submitted 110 years ago by Pub. L. 94-582 to r/title-7-AGRICULTURE · 225 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Agriculture Secretary must randomly and periodically test equipment used to sample, grade, inspect, and weigh grain. This testing is done at least once a year and is paid for by fees the Secretary charges. No one may use equipment for this purpose unless the Secretary has approved it.

(a) Random and periodic testing at least annually; fees. The Secretary must arrange to test — on a random, periodic basis, at least once a year — all equipment used for sampling, grading, inspecting, or weighing grain at every facility where official inspection or weighing service happens, under whatever regulations the Secretary sets, to make sure that equipment is accurate and trustworthy. Those regulations must include reasonable fees to cover the Secretary's costs of running this testing with its own employees. The fees go into the fund created by section 79(j). (b) Personnel to conduct testing. The Secretary may have this testing done either by the Secretary's own staff, or by states, their political subdivisions, or other people the Secretary supervises, under regulations the Secretary sets. (c) Use of non-approved equipment prohibited. No matter what any other law says, no one may use equipment for these purposes unless the Secretary has approved it.

the actual law source: uscode.house.gov ↗public domain

(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) 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.

Notwithstanding any other provision of law, no person shall use for the purposes of this chapter any such equipment not approved by the Secretary.

Source credit: (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.)

history & why it existsrecord from the source credit

1916Enacted · Pub. L. 94-582 · 90 Stat. 2877
1977Amended · Pub. L. 95-113 · 91 Stat. 1028
1993Amended · Pub. L. 103-156 · 107 Stat. 1528
1994Amended · Pub. L. 103-354 · 108 Stat. 3237
2000Amended · Pub. L. 106-472 · 114 Stat. 2060

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-582 on 1916-08-11.

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