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7 U.S.C. § 499h — Grounds for suspension or revocation of license

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 499h — Grounds for suspension or revocation of license

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Source file: Laws/federal/codes/united-states-code/title-7/section-499h-grounds-for-suspension-or-revocation-of-license--ede28fe352.md
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Source location: Title 7, Chapter 20A, § 499h; chapter-20a-perishable-agricultural-commodities.md

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**(a) Authority of Secretary** Whenever (1) the Secretary determines, as provided in [section 499f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499f&num=0&edition=prelim), that any commission merchant, dealer, or broker has violated any of the provisions of [section 499b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499b&num=0&edition=prelim), or (2) any commission merchant, dealer, or broker has been found guilty in a Federal court of having violated [section 499n(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499n/b&num=0&edition=prelim), the Secretary may publish the facts and circumstances of such violation and/or, by order, suspend the license of such offender for a period not to exceed ninety days, except that, if the violation is flagrant or repeated, the Secretary may, by order, revoke the license of the offender. **(b) Unlawful employment of certain persons; restrictions; bond assuring compliance; approval of employment without bond; change in amount of bond; payment of increased amount; penalties** Except with the approval of the Secretary, no licensee shall employ any person, or any person who is or has been responsibly connected with any person— (1) whose license has been revoked or is currently suspended by order of the Secretary; (2) who has been found after notice and opportunity for hearing to have committed any flagrant or repeated violation of [section 499b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499b&num=0&edition=prelim), but this provision shall not apply to any case in which the license of the person found to have committed such violation was suspended and the suspension period has expired or is not in effect; or (3) against whom there is an unpaid reparation award issued within two years, subject to his right of appeal under [section 499g(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499g/c&num=0&edition=prelim). The Secretary may approve such employment at any time following nonpayment of a reparation award, or after one year following the revocation or finding of flagrant or repeated violation of [section 499b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499b&num=0&edition=prelim), if the licensee furnishes and maintains a surety bond in form and amount satisfactory to the Secretary as assurance that such licensee’s business will be conducted in accordance with this chapter and that the licensee will pay all reparation awards, subject to its right of appeal under [section 499g(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499g/c&num=0&edition=prelim), which may be issued against it in connection with transactions occurring within four years following the approval. The Secretary may approve employment without a surety bond after the expiration of two years from the effective date of the applicable disciplinary order. The Secretary, based on changes in the nature and volume of business conducted by the licensee, may require an increase or authorize a reduction in the amount of the bond. A licensee who is notified by the Secretary to provide a bond in an increased amount shall do so within a reasonable time to be specified by the Secretary, and if the licensee fails to do so the approval of employment shall automatically terminate. The Secretary may, after thirty days notice and an opportunity for a hearing, suspend or revoke the license of any licensee who, after the date given in such notice, continues to employ any person in violation of this section. The Secretary may extend the period of employment sanction as to a responsibly connected person for an additional one-year period upon the determination that the person has been unlawfully employed as provided in this subsection. **(c) Fraud in procurement** If, after a license shall have been issued to an applicant, the Secretary believes that the license was obtained through a false or misleading statement in the application therefor or through a misrepresentation, concealment, or withholding of facts respecting any violation of this chapter by any officer, agent, or employee, he may, after thirty days’ notice and an opportunity for a hearing, revoke said license, whereupon no license shall be issued to said applicant or any applicant in which the person responsible for such false or misleading statement or misrepresentation, concealment, or withholding of facts is financially interested, except under the conditions set forth in [section 499d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499d/b&num=0&edition=prelim). **(d) Injunction** In addition to being subject to the penalties provided by [section 499c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499c/a&num=0&edition=prelim), any commission merchant, dealer, or broker who engages in or operates such business without a valid and effective license from the Secretary shall be liable to be proceeded against in any court of competent jurisdiction in a suit by the United States for an injunction to restrain such defendant from further continuing so to engage in or operate such business, and, if the court shall find that the defendant is continuing to engage in such business without a valid and effective license, the court shall issue an injunction to restrain such defendant from continuing to engage in or to operate such business without such license. **(e) Alternative civil penalties** In lieu of suspending or revoking a license under this section when the Secretary determines, as provided by [section 499f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499f&num=0&edition=prelim), that a commission merchant, dealer, or broker has violated [section 499b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499b&num=0&edition=prelim) or subsection (b) of this section, the Secretary may assess a civil penalty not to exceed $2,000 for each violative transaction or each day the violation continues. In assessing the amount of a penalty under this subsection, the Secretary shall give due consideration to the size of the business, the number of employees, and the seriousness, nature, and amount of the violation. Amounts collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 499b — Unfair conduct

It shall be unlawful in or in connection with any transaction in interstate or foreign commerce: (1) For any commission merchant, dealer, or broker to engage in or use any unfair, unreasonable, discriminatory, or deceptive practice in connection with the weighing, counting, or in any way determining the quantity of any perishable agricultural commodity received, bought, sold, shipped, or handled in interstate or foreign commerce. (2) For any dealer to reject or fail to deliver in accordance with the terms of the contract without reasonable cause any perishable agricultural commodity bought or sold or contracted to be bought, sold, or consigned in interstate or foreign commerce by such dealer. (3) For any commission merchant to discard, dump, or destroy without reasonable cause, any perishable agricultural commodity received by such commission merchant in interstate or foreign commerce. (4) For any commission merchant, dealer, or broker to make, for a fraudulent purpose, any false or misleading statement in connection with any transaction involving any perishable agricultural commodity which is received in interstate or foreign commerce by such commission merchant, or bought or sold, or contracted to be bought, sold, or consigned, in such commerce by such dealer, or the purchase or sale of which in such commerce is negotiated by such broker; or to fail or refuse truly and correctly to account and make full payment promptly in respect of any transaction in any such commodity to the person with whom such transaction is had; or to fail, without reasonable cause, to perform any specification or duty, express or implied, arising out of any undertaking in connection with any such transaction; or to fail to maintain the trust as required under [section 499e(c) of this title

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 499f — Complaints, written notifications, and investigations

**(a) Reparation complaints** (1) **Petition; process** — Any person complaining of any violation of any provision of [section 499b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499b&num=0&edition=prelim) by any commission merchant, dealer, or broker may, at any time within nine months after the cause of action accrues, apply to the Secretary by petition, which shall briefly state the facts, whereupon, if, in the opinion of the Secretary, the facts therein contained warrant such action, a copy of the complaint thus made shall be forwarded by the Secretary to the commission merchant, dealer, or broker, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be prescribed by the Secretary. (2) **Filing and handling fees** — A person submitting a petition to the Secretary under paragraph (1) shall include a filing fee of $60 per petition. If the Secretary determines under paragraph (1) that the facts contained in the petition warrant further action, the person or persons submitting the petition shall submit to the Secretary a handling fee of $300. The Secretary may not forward a copy of the complaint to the commission merchant, dealer, or broker involved until after the Secretary receives the required handling fee. The Secretary shall deposit fees submitted under this paragraph into the Perishable Agricultural Commodities Act Fund provided for by [section 499c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499c/b&num=0&edition=prelim). The Secretary may alter the fees specified in this paragraph by rulemaking under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=p

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 499d — Issuance of license

**(a) Authority to do business; termination; renewal** Whenever an applicant has paid the prescribed fee the Secretary, except as provided elsewhere in this chapter, shall issue to such applicant a license, which shall entitle the licensee to do business as a commission merchant and/or dealer and/or broker unless and until it is suspended or revoked by the Secretary in accordance with the provisions of this chapter, or is automatically suspended under [section 499g(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499g/d&num=0&edition=prelim), but said license shall automatically terminate on the anniversary date of the license at the end of the annual or multiyear period covered by the license fee unless the licensee submits the required renewal application and pays the applicable renewal fee (if such fee is required): Provided, That notice of the necessity of renewing the license and of paying the renewal fee (if such fee is required) shall be mailed at least thirty days before the anniversary date: Provided, further, That if the renewal fee (if required) is not paid by the anniversary date the licensee may obtain a renewal of that license at any time within thirty days by paying the fee provided in [section 499c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499c/b&num=0&edition=prelim), plus $50, which shall be deposited in the Perishable Agricultural Commodities Act fund provided for by [section 499c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section499c/b&num=0&edition=prelim): And provided further, That the license of any licensee shall terminate upon said licensee, or in case the licensee is a partnership, any partner, being dischar

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 499h — Grounds for suspension or revocation of

Page 428 TITLE 7—AGRICULTURE § 499h 1938—Subsec. (a). Act June 23, 1938, inserted last two sentences. 1937—Subsec. (a). Act Aug. 20, 1937, among other changes, inserted ‘‘or without hearing as provided in section 499f of this title, paragraphs (c) and (d), or upon failure of the party complained against to answer a complaint duly served within the time prescribed, or to appear at a hearing after being duly notified’’ after ‘‘section 499f’’. Subsec. (b). Act Aug. 20, 1937, among other changes, substituted ‘‘pay the reparation award’’ for ‘‘comply with an order for the payment of money’’. Subsec. (c). Act Aug. 20, 1937, inserted ‘‘together with a bond in double the amount of the reparation award conditioned upon the payment of the judgment entered by the court plus interest and costs, including a reason- able attorney’s fee for the appellee, if the appellee shall prevail’’ after ‘‘upon adverse party’’ and struck out proviso in first sentence and ‘‘by registered mail’’ after ‘‘adverse party’’. Subsec. (d). Act Aug. 20, 1937, inserted proviso. 1936—Subsec. (c). Act June 19, 1936, inserted proviso in first sentence and ‘‘by registered mail’’ after ‘‘ad- verse party’’. 1934—Subsec. (b). Act Apr. 13, 1934, § 11, inserted after first sentence ‘‘The orders, writs and processes of the district courts may in these cases run, be served, and be returnable anywhere in the United States.’’ Subsecs. (c), (d). Act Apr. 13, 1934, §§ 12, 13, added sub- secs. (c) and (d). § 499h. Grounds for suspension or revocation of license (a) Authority of Secretary Whenever (1) the Secretary determines, as pro- vided in section 499f of this title, that any com- mission merchant, dealer, or broker has violated any of the provisions of section 499b of this title, or (2) a

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 499h

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