7 U.S.C. § 499d — Issuance of license

Page 421 TITLE 7—AGRICULTURE § 499d branch or additional business facility operated by the applicant in excess of nine such facilities, as deter- mined by the Secretary. Total annual fees for any ap- plicant shall not exceed $4,000 in the aggregate.’’ Subsec. (b)(2). Pub. L. 104–48, § 4(a), added par. (2). Subsec. (b)(3), (4). Pub. L. 104–48, § 3(a)(5), added pars. (3) and (4). Subsec. (b)(5). Pub. L. 104–48, §§ 3(a)(3), (4), 4(b), des- ignated provisions of subsec. (b) relating to Perishable Agricultural Commodities Act Fund as par. (5), in- serted heading, realigned margins, and struck out ‘‘The amount of money accumulated and on hand in the spe- cial fund at the end of any fiscal year shall not exceed 25 percent of the projected budget for the next fol- lowing fiscal year.’’ after ‘‘fees deposited in such fund.’’ and ‘‘The Secretary shall give public notice of any in- crease to be made in the annual fee prescribed by him hereunder and shall allow a reasonable time prior to the effective date of such increase for interested per- sons to file their views on or objections to such in- crease.’’ after ‘‘budget as submitted to the Congress an- nually.’’ Subsec. (c). Pub. L. 104–48, § 3(b)(3), inserted heading. 1990—Subsec. (b). Pub. L. 101–624 substituted ‘‘. Any reserve funds in the Perishable Agricultural Commod- ities Act Fund may be invested by the Secretary in in- sured or fully-collateralized interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt in- struments. Any interest earned on such reserve funds shall be credited to the Perishable Agricultural Com- modities Act Fund and shall be available for the same purposes as the fees deposited in such fund. The’’ for ‘‘: Provided, That the’’ and ‘‘. Financial’’ for ‘‘: Provided further, That financial’’. 1988—Subsec. (b). Pub. L. 100–414 substituted ‘‘$400, plus $200’’ for ‘‘$300, plus $150’’ and ‘‘$4,000’’ for ‘‘$3,000’’. 1981—Subsec. (b). Pub. L. 97–98 substituted ‘‘$300’’, ‘‘$150’’, and ‘‘$3,000’’ for ‘‘$150’’, ‘‘$50’’, and ‘‘$1,000’’, re- spectively. 1978—Subsec. (b). Pub. L. 95–562 substituted ‘‘in such application and to be furnished thereafter’’ for ‘‘in such application’’ and ‘‘$150, plus $50 for each branch or addi- tional business facility operated by the applicant in ex- cess of nine such facilities, as determined by the Sec- retary’’ for ‘‘$100’’, and inserted provisions limiting the total annual fees for any applicant to an amount not to exceed $1,000 in the aggregate and limiting the amount of money in the special fund at the end of any fiscal year to an amount not to exceed 25 percent of the pro- jected budget for the next following fiscal year. 1969—Subsec. (b). Pub. L. 91–107 increased limitation on fees from $50 to $100. 1962—Subsec. (b). Pub. L. 87–725, § 3, increased annual fee from a maximum of $25, to such fee as the Secretary determines necessary to meet the expenses of admin- istering this chapter and the Act approved March 3, 1927, but not exceeding $50, directed the Secretary to give public notice of any increase in the annual fee and to allow reasonable time before the effective date of such increase for submission of views on, or objections to, such increase, and struck out references to the availability of the Perishable Agricultural Commod- ities Act Fund for administrative expenses of sections 581 to 589 of this title. Subsec. (c). Pub. L. 87–725, § 4, added subsec. (c). 1956—Subsec. (b). Act July 30, 1956, increased fee from $15 annually to not more than $25 annually. 1950—Subsec. (b). Act June 15, 1950, increased fee from $10 to $15 annually, provided for its disposition in fund, made fund available for administrative expenses, and provided for financial statements. 1937—Subsec. (a). Act Aug. 20, 1937, added second par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of 1970 Reorg. Plan No. 2. Section 102 of 1970 Reorg. Plan No. 2 redesignated Bureau of the Budget as Office of Management and Budget and offices of Director of Bu- reau of the Budget, Deputy Director of Bureau of the Budget, and Assistant Directors of Bureau of the Budg- et as Director of Office of Management and Budget, Deputy Director of Office of Management and Budget, and Assistant Directors of Office of Management and Budget, respectively. Section 103 of 1970 Reorg. Plan No. 2 transferred all records, property, personnel, and funds of Bureau to Office of Management and Budget. See part I of Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Em- ployees. § 499d. Issuance of license (a) Authority to do business; termination; re- newal 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 deal- er and/or broker unless and until it is suspended or revoked by the Secretary in accordance with the provisions of this chapter, or is automati- cally suspended under section 499g(d) of this title, but said license shall automatically termi- nate on the anniversary date of the license at the end of the annual or multiyear period cov- ered by the license fee unless the licensee sub- mits the required renewal application and pays the applicable renewal fee (if such fee is re- quired): 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 re- quired) 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, plus $50, which shall be deposited in the Perishable Agri- cultural Commodities Act fund provided for by section 499c(b) of this title: 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 discharged as a bankrupt, unless the Secretary finds upon exam- ination of the circumstances of such bank- ruptcy, which he shall examine if requested to do so by said licensee, that such circumstances do not warrant such termination. (b) Refusal of license; grounds The Secretary shall refuse to issue a license to an applicant if he finds that the applicant, or any person responsibly connected with the ap- plicant, is prohibited from employment with a licensee under section 499h(b) of this title or is a person who, or is or was responsibly connected with a person who— (A) has had his license revoked under the provisions of section 499h of this title within two years prior to the date of the application or whose license is currently under suspension; (B) within two years prior to the date of ap- plication has been found after notice and op- Page 422 TITLE 7—AGRICULTURE § 499d portunity for hearing to have committed any flagrant or repeated violation of section 499b of this title, 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 ex- pired or is not in effect; (C) within two years prior to the date of the application, has been found guilty in a Federal court of having violated the provisions of sec- tions 491, 493 to 497 of this title, relating to the prevention of destruction and dumping of farm produce; or (D) has failed, except in the case of bank- ruptcy and subject to his right of appeal under section 499g(c) of this title, to pay any repara- tion order issued against him within two years prior to the date of the application. (c) Issuance of license upon furnishing bond; issuance after three years without bond; ef- fect of termination of bond; increase or de- crease in amount; payment of increase An applicant ineligible for a license by reason of the provisions of subsection (b) of this section may, upon the expiration of the two-year period applicable to him, be issued a license by the Sec- retary if such applicant furnishes a surety bond in the form and amount satisfactory to the Sec- retary as assurance that his business will be conducted in accordance with this chapter and that he will pay all reparation orders which may be issued against him in connection with trans- actions occurring within four years following the issuance of the license, subject to his right of appeal under section 499g(c) of this title. In the event such applicant does not furnish such a surety bond, the Secretary shall not issue a li- cense to him until three years have elapsed after the date of the applicable order of the Secretary or decision of the court on appeal. If the surety bond so furnished is terminated for any reason without the approval of the Secretary the li- cense shall be automatically canceled as of the date of such termination and no new license shall be issued to such person during the four- year period without a new surety bond covering the remainder of such period. The Secretary, based on changes in the nature and volume of business conducted by a bonded licensee, may require an increase or authorize a reduction in the amount of the bond. A bonded licensee who is notified by the Secretary to provide a bond in an increased amount shall do so within a reason- able time to be specified by the Secretary, and upon failure of the licensee to provide such bond his license shall be automatically suspended until such bond is provided. The Secretary may not issue a license to an applicant under this subsection if the applicant or any person respon- sibly connected with the applicant is prohibited from employment with a licensee under section 499h(b) of this title. (d) Withholding license pending investigation The Secretary may withhold the issuance of a license to an applicant, for a period not to ex- ceed thirty days pending an investigation, for the purpose of determining (a) whether the ap- plicant is unfit to engage in the business of a commission merchant, dealer, or broker because the applicant, or in case the applicant is a part- nership, any general partner, or in case the ap- plicant is a corporation, any officer or holder of more than 10 per centum of the stock, prior to the date of the filing of the application engaged in any practice of the character prohibited by this chapter or was convicted of a felony in any State or Federal court, or (b) whether the appli- cation contains any materially false or mis- leading statement or involves any misrepresen- tation, concealment, or withholding of facts re- specting any violation of the chapter by any of- ficer, agent, or employee of the applicant. If after investigation the Secretary believes that the applicant should be refused a license, the ap- plicant shall be given an opportunity for hearing within sixty days from the date of the applica- tion to show cause why the license should not be refused. If after the hearing the Secretary finds that the applicant is unfit to engage in the busi- ness of a commission merchant, dealer, or broker because the applicant, or in case the ap- plicant is a partnership, any general partner, or in case the applicant is a corporation, any offi- cer or holder of more than 10 per centum of the stock, prior to the date of the filing of the appli- cation engaged in any practice of the character prohibited by this chapter or was convicted of a felony in any State or Federal court, or because the application contains a materially false or misleading statement made by the applicant or by its representative on its behalf, or involves a misrepresentation, concealment, or withholding of facts respecting any violation of the chapter by any officer, agent, or employee, the Sec- retary may refuse to issue a license to the appli- cant. (e) Refusal of license The Secretary may refuse to issue a license to an applicant if he finds that the applicant, or in case the applicant is a partnership, any general partner, or in case the applicant is a corpora- tion, any officer or holder of more than 10 per centum of the stock, has, within three years prior to the date of the application, been adju- dicated or discharged as a bankrupt, or was a general partner of a partnership or officer or holder of more than 10 per centum of the stock of a corporation adjudicated or discharged as a bankrupt, and if he finds that the circumstances of such bankruptcy warrant such a refusal, un- less the applicant furnishes a bond of such na- ture and amount as may be determined by the Secretary or other assurance satisfactory to the Secretary that the business of the applicant will be conducted in accordance with this chapter. (June 10, 1930, ch. 436, § 4, 46 Stat. 533; Apr. 13, 1934, ch. 120, §§ 4–7, 48 Stat. 585, 586; June 19, 1936, ch. 602, § 2, 49 Stat. 1533; Aug. 20, 1937, ch. 719, § 6, 50 Stat. 726; June 15, 1950, ch. 254, § 2, 64 Stat. 218; July 30, 1956, ch. 786, §§ 2(b), 3, 4, 70 Stat. 726; Pub. L. 87–725, §§ 5–7, Oct. 1, 1962, 76 Stat. 674; Pub. L. 95–598, title III, § 303, Nov. 6, 1978, 92 Stat. 2673; Pub. L. 102–237, title X, § 1011(2), Dec. 13, 1991, 105 Stat. 1898; Pub. L. 104–48, §§ 4(c), 5(b), 12(c), Nov. 15, 1995, 109 Stat. 427, 431.) Editorial Notes CODIFICATION Section was formerly classified to section 554 of this title. Page 423 TITLE 7—AGRICULTURE § 499e AMENDMENTS 1995—Subsec. (a). Pub. L. 104–48, §§ 4(c), 5(b), sub- stituted ‘‘the anniversary date of the license at the end of the annual or multiyear period covered by the li- cense fee unless the licensee submits the required re- newal application and pays the applicable renewal fee (if such fee is required)’’ for ‘‘any anniversary date thereof unless the annual fee has been paid’’ in provi- sions before first proviso, ‘‘the necessity of renewing the license and of paying the renewal fee (if such fee is required)’’ for ‘‘the necessity of paying the annual fee’’ in first proviso and ‘‘renewal fee (if required)’’ for ‘‘an- nual fee’’ and ‘‘plus $50’’ for ‘‘plus $5’’ in second proviso. Subsec. (b). Pub. L. 104–48, § 12(c)(1), inserted ‘‘is pro- hibited from employment with a licensee under section 499h(b) of this title or’’ after ‘‘with the applicant,’’ in introductory provisions. Subsec. (c). Pub. L. 104–48, § 12(c)(2), inserted at end ‘‘The Secretary may not issue a license to an applicant under this subsection if the applicant or any person re- sponsibly connected with the applicant is prohibited from employment with a licensee under section 499h(b) of this title.’’ 1991—Subsec. (a). Pub. L. 102–237 substituted ‘‘an- nual’’ for ‘‘anual’’ before ‘‘fee has been paid’’. 1978—Subsec. (a). Pub. L. 95–598, § 303(a), inserted ‘‘, unless the Secretary finds upon examination of the circumstances of such bankruptcy, which he shall ex- amine if requested to do so by said licensee, that such circumstances do not warrant such termination’’. Subsec. (e). Pub. L. 95–598, § 303(b), inserted ‘‘and if he finds that the circumstances of such bankruptcy war- rant such a refusal,’’. 1962—Subsec. (a). Pub. L. 87–725, § 5, inserted proviso that the license of any licensee shall terminate, if he, or in case the licensee is a partnership, any partner, is discharged as a bankrupt. Subsec. (b). Pub. L. 87–725, § 6, amended subsection generally, and among other changes, required refusal of a license upon showing responsible connection by the applicant, or by any person responsibly connected with him, with a person guilty of the specified conduct, without requiring that the applicant was responsible in whole or in part for such conduct, and upon the grounds specified in clause (C) relating to being found guilty in a Federal court of having violated the provisions of sec- tions 491, 493 to 497 of this title, provided that the pro- visions regarding flagrant or repeated violation of sec- tion 499b of this title shall not apply where the license in such case was suspended and the suspension period has expired or is not in effect, and eliminated provi- sions which, notwithstanding the grounds for refusal specified in the section, permitted the Secretary to issue a license upon the applicant furnishing a bond or other satisfactory assurance that his business would be conducted in accordance with this chapter, and that he would pay reparation orders previously issued against him or which could be issued against him within two years after receiving the license, but such license could not be issued until after the expiration of one year from the revocation or from the finding that the appli- cant was responsible, for any flagrant or repeated vio- lation of section 499b of this title. Subsec. (c). Pub. L. 87–725, § 7, substituted provisions which permit a license to be issued to an applicant in- eligible under subsec. (b) of this section, upon expira- tion of the two year period applicable to him, if he fur- nishes a surety bond as assurance that his business will be conducted in accordance with this chapter and that he will pay all reparation orders issued against him in connection with transactions occurring within four years following issuance of license, subject to appeal under section 499g(c) of this title, or if no bond is given, permit issuance of the license after three years from the applicable order, or decision of the court on appeal, and which provide that if a bond is terminated without the Secretary’s approval, the license is automatically canceled and cannot be re-issued during the four year period without a new bond, that the Secretary may order an increase or a reduction in the bond, and that a licensee notified to increase the bond must do so in a reasonable time or his license will be suspended until such bond is provided, for provisions which required the Secretary to refuse a license to an applicant, or if the applicant was a partnership, or an association or a cor- poration, to a partner or officer or any person holding a responsible position therein, respectively, found with- in two years of being guilty of violating sections 491 to 497 or 499n(b) of this title. 1956—Subsec. (a). Act July 30, 1956, § 2(b), substituted ‘‘the fee provided in section 499c(b) of this title, plus $5’’ for ‘‘a fee of $20’’. Subsec. (d). Act July 30, 1956, § 3, included within term ‘‘applicant’’ any general partner of a partnership, and officers or holders of more than 10 per centum of the stock of a corporation, and permitted the Secretary to refuse to issue a license to an applicant who was con- victed of a felony in any State or Federal court. Subsec. (e). Act July 30, 1956, § 4, added subsec. (e). 1950—Subsec. (a). Act June 15, 1950, increased fee for late registration from $15 to $20, and provided for its disposition in the fund. 1937—Subsec. (a). Act Aug. 20, 1937, inserted first and second provisos. Subsec. (b). Act Aug. 20, 1937, among other changes, inserted ‘‘Such bond shall be in an amount sufficient in the judgment of the Secretary of Agriculture to insure payment of such reparation orders’’ at the end. Subsecs. (c), (d). Act Aug. 20, 1937, amended subsecs. (c) and (d) generally. 1936—Subsec. (b). Act June 19, 1936, among other changes, inserted ‘‘if he finds’’ after ‘‘or (3)’’ and ‘‘or (5)’’ after ‘‘section 499b’’. 1934—Subsec. (b). Act Apr. 13, 1934, § 4, among other changes, added cls. (3) and (4). Subsecs. (c) to (e). Act Apr. 13, 1934, §§ 5–7, added sub- secs. (c) to (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. § 499e. Liability to persons injured (a) Amount of damages If any commission merchant, dealer, or broker violates any provision of section 499b of this title he shall be liable to the person or persons injured thereby for the full amount of damages (including any handling fee paid by the injured person or persons under section 499f(a)(2) of this title) sustained in consequence of such viola- tion. (b) Remedies Such liability may be enforced either (1) by complaint to the Secretary as hereinafter pro- vided, or (2) by suit in any court of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, and the provisions of this chapter are in addition to such remedies. (c) Trust on commodities and sales proceeds for benefit of unpaid suppliers, sellers, or agents; preservation of trust; jurisdiction of courts (1) It is hereby found that a burden on com- merce in perishable agricultural commodities is caused by financing arrangements under which commission merchants, dealers, or brokers, who have not made payment for perishable agricul-