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49 U.S.C. § 5906 — Perishable agricultural commodities
Federal law — U.S. Code and appendices · legal_authorities
[Section 5905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5905&num=0&edition=prelim) does not apply to a container or trailer the contents of which are perishable agricultural commodities (as defined in the Perishable Agricultural Commodities Act, 1930 ([7 U.S.C. 499a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499a&num=0&edition=prelim) et seq.)).
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Source file: Laws/federal/codes/united-states-code/title-49/section-5906-perishable-agricultural-commodities--a498176bba.md
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Source location: Title 49, Chapter 59, § 5906; chapter-059-intermodal-safe-container-transportation.md
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[Section 5905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5905&num=0&edition=prelim) does not apply to a container or trailer the contents of which are perishable agricultural commodities (as defined in the Perishable Agricultural Commodities Act, 1930 ([7 U.S.C. 499a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499a&num=0&edition=prelim) et seq.)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by [section 5902(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5902/b&num=0&edition=prelim) is required, because of a violation of a State’s gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from—
(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of [section 5903(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5903/a&num=0&edition=prelim);
(2) the failure of the party required to provide the certification to the first carrier to provide it;
(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or
(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c),
then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.
**(b) Limitations.—**
(1) A lien under this section does not authorize a person to dispose of the contents of a loaded container or trailer until the person who tendered the container or trailer to the first carrier, or the owner or beneficial owner o
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Perishable Agricultural Commodities Act, 1930”.
**(b) Definitions** For purposes of this chapter:
(1) The term “person” includes individuals, partnerships, corporations, and associations.
(2) The term “Secretary” means the Secretary of Agriculture.
(3) The term “interstate or foreign commerce” means commerce between any State or Territory, or the District of Columbia and any place outside thereof; or between points within the same State or Territory, or the District of Columbia but through any place outside thereof; or within the District of Columbia.
(4) The term “perishable agricultural commodity”—
(A) Means any of the following, whether or not frozen or packed in ice: Fresh fruits and fresh vegetables of every kind and character; and
(B) Includes cherries in brine as defined by the Secretary in accordance with trade usages.
(5) The term “commission merchant” means any person engaged in the business of receiving in interstate or foreign commerce any perishable agricultural commodity for sale, on commission, or for or on behalf of another.
(6) The term “dealer” means any person engaged in the business of buying or selling in wholesale or jobbing quantities, as defined by the Secretary, any perishable agricultural commodity in interstate or foreign commerce, except that (A) no producer shall be considered as a “dealer” in respect to sales of any such commodity of his own raising; (B) no person buying any such commodity solely for sale at retail shall be considered as a “dealer” until the invoice cost of his purchases of perishable agricultural commodities in any calendar year are in excess of $230,000; and (C) no person buying any commodity other than potatoes for canning and/or processing within the Sta
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 499a
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Federal law — U.S. Code and appendices · legal_authorities
Page 393
TITLE 49—TRANSPORTATION
§ 5907
of a violation of a State’s gross vehicle weight
laws or regulations, to post a bond or pay a fine,
penalty, cost (including storage), or interest re-
sulting from—
(1) erroneous information provided by the
certifying party in the certification to the
first carrier in violation of section 5903(a) of
this title;
(2) the failure of the party required to pro-
vide the certification to the first carrier to
provide it;
(3) the failure of a person required under sec-
tion 5902(c) to forward the certification to for-
ward it; or
(4) an error occurring in the transfer of in-
formation on the certification to another doc-
ument under section 5902(b)(3) or (c),
then the person posting the bond, or paying the
fine, penalty, costs (including storage), or inter-
est has a lien against the contents equal to the
amount of the bond, fine, penalty, cost (includ-
ing storage), or interest incurred, until the per-
son receives a payment of that amount from the
owner or beneficial owner of the contents, or
from the person responsible for making or for-
warding the certification, or transferring the in-
formation from the certification to another doc-
ument.
(b) LIMITATIONS.—(1) A lien under this section
does not authorize a person to dispose of the
contents of a loaded container or trailer until
the person who tendered the container or trailer
to the first carrier, or the owner or beneficial
owner of the contents, is given a reasonable op-
portunity to establish responsibility for the
bond, fine, penalty, cost (including storage), or
interest. The lien shall remain in effect until
the lien holder has received payment for all
costs and expenses described in subsection (a) of
this section.
(2) In this section, an owner or benef
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5906
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 415
TITLE 7—AGRICULTURE
§ 499a
Sec.
499p.
Liability of licensees for acts and omissions
of agents.
499q.
Separability.
499r.
Repealed.
499s.
Depositing appropriations in fund.
499t.
Omitted.
§ 499a. Short title and definitions
(a) Short title
This chapter may be cited as the ‘‘Perishable
Agricultural Commodities Act, 1930’’.
(b) Definitions
For purposes of this chapter:
(1) The term ‘‘person’’ includes individuals,
partnerships, corporations, and associations.
(2) The term ‘‘Secretary’’ means the Sec-
retary of Agriculture.
(3) The term ‘‘interstate or foreign com-
merce’’ means commerce between any State or
Territory, or the District of Columbia and any
place outside thereof; or between points with-
in the same State or Territory, or the District
of Columbia but through any place outside
thereof; or within the District of Columbia.
(4) The term ‘‘perishable agricultural com-
modity’’—
(A) Means any of the following, whether or
not frozen or packed in ice: Fresh fruits and
fresh vegetables of every kind and character;
and
(B) Includes cherries in brine as defined by
the Secretary in accordance with trade us-
ages.
(5) The term ‘‘commission merchant’’ means
any person engaged in the business of receiv-
ing in interstate or foreign commerce any per-
ishable agricultural commodity for sale, on
commission, or for or on behalf of another.
(6) The term ‘‘dealer’’ means any person en-
gaged in the business of buying or selling in
wholesale or jobbing quantities, as defined by
the Secretary, any perishable agricultural
commodity in interstate or foreign commerce,
except that (A) no producer shall be consid-
ered as a ‘‘dealer’’ in respect to sales of any
such commodity of his own raising; (B) no per-
son buying any such commodity sol
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 499a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 499a. This identifies an authority to review, not proof of applicability.