7 USC 79a - Weighing authority

U.S Code last checked for updates: May 02, 2024

§ 79a.

Weighing authority

(a)

Official weighing in accordance with prescribed regulations

(b)

Official weighing or supervision of weighing at grain elevators, warehouses, or other storage or handling facilities located other than at export elevators at export port locations

(c)

Personnel performing official weighing or supervision of weighing at locations at which official inspection is provided

(1)

With respect to official weighing or supervision of weighing for locations at which official inspection is provided by the Secretary, the Secretary shall cause such official weighing or supervision of weighing to be performed by official inspection personnel employed by the Secretary.

(2)

With respect to official weighing or supervision of weighing for any location at which official inspection is provided other than by the Secretary, the Secretary is authorized, with respect to export port locations, to delegate authority to perform official weighing or supervision 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 inspection service at such location to perform official weighing or supervision of weighing, if such agency or person qualifies for a delegation of authority or designation under section 79 of this title, except that where the term “official inspection” is used in such section it shall be deemed to refer to “official weighing” or “supervision of weighing” under this section. If such agency or person is not available to perform such weighing services, or the Secretary determines that such agency or person is not qualified to perform such weighing services, then (A) at export port locations official weighing or supervision of weighing shall be performed by official inspection personnel employed by the Secretary, and (B) at any other location, the Secretary is authorized to cause official weighing or supervision of weighing to be performed by official inspection personnel employed by the Secretary or designate any State or local governmental 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 inspection” is used in such section it shall be deemed to refer to “official weighing” or “supervision of weighing” under this section. Delegations and designations made pursuant to this subsection shall be subject to the same provisions for delegations and designations set forth in subsections (e) and (g) of section 79 of this title.

(d)

Official weighing in Canadian ports

(e)

Official weighing or supervision of weighing upon request of operators of grain elevators, warehouses, or other storage or handling facilities

(f)

Demonstrated willingness of operators of grain elevators, warehouses, or other storage or handling facilities to meet equipment and personnel requirements

(g)

Official certificates as evidence

(h)

Weighing prohibited when not in accordance with prescribed procedures

(i)

Unauthorized weighing prohibited

(1)

In general

(2)

Geographic boundaries for official agencies

(A)

In general

(B)

Exceptions

If the Secretary determines that the presence 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 designated official agency to cross boundary lines to carry out weighing in another geographic area if—

(i)

the current designated official agency for that geographic area is unable to provide weighing services in a timely manner;

(ii)

a person requesting weighing services in that geographic area has not been receiving 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 current geographic area restriction at the request of the applicant for service.

(C)

Restoration of certain exceptions

(i)

Definition of eligible grain handling facility

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 Geographic Areas for Official Agencies Under the USGSA” (68 Fed. Reg. 19137 (April 18, 2003)); and

(II)

had that exception revoked between September 30, 2015 and December 20, 2018.

(ii)

Restoration of exceptions

Within 90 days of notification from an eligible grain handling facility, the Secretary 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

(k)

Access to elevators, warehouses, or their storage or handling facilities

(l)

Fees

(1)

Weighing fees.—

(A)

In general.—

The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees to cover the estimated costs to the Secretary incident to the performance of the functions provided for under this section except as otherwise provided in paragraph (2) of this subsection.

(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

 So in original. Probably should be “the Secretary’s”.

functions related to weighing, including administrative and supervisory costs directly related thereto.

(C)

Use of fees.—

Fees described in this paragraph shall be deposited into the fund created 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 perform 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 Secretary 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 performed at such times as specified by the Secretary 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 payment, within such period as specified by the Secretary, 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 obligations of the United States of comparable maturity, 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 paragraph (2) on agencies and other persons described in such paragraph shall expire on September 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 authority. The fees authorized by this paragraph shall, as nearly as practicable, cover the costs of the Secretary incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. The fees authorized by this paragraph shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Secretary incident 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.)

cite as: 7 USC 79a