7 U.S.C. § 79a : US Code - Section 79A: Weighing authority

Search 7 U.S.C. § 79a : US Code - Section 79A: Weighing authority

(a) Official weighing in accordance with prescribed 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 required 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 storage 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 chapter,
in such manner as the Secretary deems appropriate and under such
regulations as the Secretary may provide.
(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 subsection (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 provided 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 functions of such
weighing shall be performed by official inspection personnel
employed by the Secretary or, except for appeals, by persons
operating under a contract with the Secretary or as otherwise
provided by agreement with the Canadian Government.
(e) Official weighing or supervision of weighing upon request of
operators of grain elevators, warehouses, or other storage or
handling facilities
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 elevators,
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.
(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 storage 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 accordance 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 persons other than
official inspection personnel, will require such persons to operate
the scales in accordance with the regulations of the Secretary and
to require that each lot of grain for delivery from any railroad
car, truck, barge, vessel, or other means of conveyance at the
facility 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 requirements 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 person 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 otherwise
provided in section 79(i) of this title and subsection (d) of
this section.
(2) Geographic boundaries for official agencies
Not more than one designated official agency referred to in
paragraph (1) or State agency delegated authority pursuant to
subsection (c)(2) of this section to carry out the weighing
provisions of this chapter shall be operative at the same time in
any geographic area defined by the Secretary, except that, 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 may - 
(A) allow more than one designated official agency to carry
out the weighing provisions within the same geographical area
as part of a pilot program; and
(B) allow a designated official agency to cross boundary
lines to carry out the weighing provisions in another
geographic area if the Secretary also determines that - 
(i) the current designated official agency for that
geographic area is unable to provide the weighing services in
a timely manner; or
(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.
(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 storage or handling
facilities
The representatives of the Secretary shall be afforded access to
any elevator, warehouse, or 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 commerce and all facilities therein for weighing grain.
(l) Fees; establishment, amount, payment, etc.
(1) 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. 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 weighing, including administrative and supervisory costs
directly related thereto. Such fees shall be deposited into the
fund created in section 79(j) of this title.
(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) 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, 2015.
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.