§ 499b. Unfair conduct
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/usc/title-7/section-499bA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. However, this paragraph shall not be considered to make the good faith offer, solicitation, payment, or receipt of collateral fees and expenses, in and of itself, unlawful under this chapter.
(5)For any commission merchant, dealer, or broker to misrepresent by word, act, mark, stencil, label, statement, or deed, the character, kind, grade, quality, quantity, size, pack, weight, condition, degree of maturity, or State, country, or region of origin of any perishable agricultural commodity received, shipped, sold, or offered to be sold in interstate or foreign commerce. However, any commission merchant, dealer, or broker who has violated—
(A)any provision of this paragraph may, with the consent of the Secretary, admit the violation or violations; or
(B)any provision of this paragraph relating to a misrepresentation by mark, stencil, or label shall be permitted by the Secretary to admit the violation or violations if such violation or violations are not repeated or flagrant;
and pay, in the case of a violation under either clause
(A)or
(B)of this paragraph, a monetary penalty not to exceed $2,000 in lieu of a formal proceeding for the suspension or revocation of license, any payment so made to be deposited into the Treasury of the United States as miscellaneous receipts. A person other than the first licensee handling misbranded perishable agricultural commodities shall not be held liable for a violation of this paragraph by reason of the conduct of another if the person did not have knowledge of the violation or lacked the ability to correct the violation.
(6)For any commission merchant, dealer, or broker, for a fraudulent purpose, to remove, alter, or tamper with any card, stencil, stamp, tag, or other notice placed upon any container or railroad car containing any perishable agricultural commodity, if such card, stencil, stamp, tag, or other notice contains a certificate or statement under authority of any Federal or State inspector or in compliance with any Federal or State law or regulation as to the grade or quality of the commodity contained in such container or railroad car or the State or country in which such commodity was produced.
(7)For any commission merchant, dealer or broker, without the consent of an inspector, to make, cause, or permit to be made any change by way of substitution or otherwise in the contents of a load or lot of any perishable agricultural commodity after it has been officially inspected for grading and certification, but this shall not prohibit re-sorting and discarding inferior produce.
(June 10, 1930, ch. 436, § 2, 46 Stat. 532; Apr. 13, 1934, ch. 120, §§ 2, 3, 48 Stat. 585; June 19, 1936, ch. 602, § 1, 49 Stat. 1533; Aug. 20, 1937, ch. 719, §§ 2–4, 50 Stat. 725, 726; June 29, 1940, ch. 456, §§ 3, 4, 54 Stat. 696; Apr. 6, 1942, ch. 211, 56 Stat. 200; July 30, 1956, ch. 786, § 1, 70 Stat. 726; Pub. L. 93–369, Aug. 10, 1974, 88 Stat. 423; Pub. L. 97–352, § 1, Oct. 18, 1982, 96 Stat. 1667; Pub. L. 98–273, § 2, May 7, 1984, 98 Stat. 166; Pub. L. 104–48, §§ 9(b), 10, Nov. 15, 1995, 109 Stat. 430.)
Connections50 cite this · traces to 1
Cited by 50 sections · top 34
U.S. Code
- § 499aShort title and definitions
- § 499fComplaints, written notifications, and investigations
- § 499hGrounds for suspension or revocation of license
- § 499eLiability to persons injured
- § 499gReparation order
- § 499dIssuance of license
- § 499mComplaints; procedure, penalties, etc.
- § 499b–1Products produced in distinct geographic areas
statutes-at-large
- Public Law 93–368To exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States where the entries were made in connection with vessels arriving before January 5, 1971, and for other purposes
- Public Law 87–725
- Public Law 403
- Public Law 97–352To amend the Perishable Agricultural Commodities Act, 1930, to require the Secretary of Agriculture to accept the payment of monetary penalties for certain admitted and infrequent violations involving misrepresentation under such Act, and for other purposes
- Public Law 329
- Public Law 95–562To amend the Perishable Agricultural Commodities Act
- Public Law 328
- Public Law 98–273To amend the Perishable Agricultural Commodities Act, 1930, by impressing a trust on the commodities and sales proceeds of perishable agricultural commodities for the benefit of the unpaid seller, and for other purposes
- Public Law 101–624To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes
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statute-compilations
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U.S. Code
27 references not yet in our index
- June 10, 1930, ch. 436, § 2
- 46 Stat. 532
- Apr. 13, 1934, ch. 120
- 48 Stat. 585
- June 19, 1936, ch. 602, § 1
- 49 Stat. 1533
- Aug. 20, 1937, ch. 719
- 50 Stat. 725
- June 29, 1940, ch. 456
- 54 Stat. 696
- Apr. 6, 1942, ch. 211
- 56 Stat. 200
- July 30, 1956, ch. 786, § 1
- 70 Stat. 726
- Pub. L. 93–369
- 88 Stat. 423
- Pub. L. 97–352, § 1
- 96 Stat. 1667
- Pub. L. 98–273, § 2
- 98 Stat. 166
- Pub. L. 104–48
- 109 Stat. 430
- section 552 of this title
- Pub. L. 104–48, § 9(b)(1)
- Pub. L. 104–48, § 9(b)(2)
- Pub. L. 98–273
- Pub. L. 97–352
Citation graph
cites case law
§ 499b
Unfair conduct
U.S.C.×19
Fed. Reg.×18
Stat.×12
Stat. Comp.×1
ActJune 10, 1930, ch. 436, § 2
Stat.46 Stat. 532
ActApr. 13, 1934, ch. 120
Stat.48 Stat. 585
ActJune 19, 1936, ch. 602, § 1
Cites 28 · showing 6Cited by 50 across 4 sources