(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.
2000—Subsec. (a). Pub. L. 106–472struck out “but at least annually and” before “under such regulations” in first sentence.
1994—Pub. L. 103–354substituted “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”.
Section effective 30 days after Oct. 21, 1976, see section 27 ofPub. L. 94–582, as amended, set out as an Effective Date of 1976 Amendment note under section
74 of this title.
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