Page:United States Statutes at Large Volume 109 Part 1.djvu/442

 109 STAT. 426 PUBLIC LAW 104-48—NOV. 15, 1995 not be required to pay any fee if the licensee seeks renewal of the license.". (b) STYLISTIC AMENDMENTS. —Such section is further amended— (1) by striking the section heading and "SEC. 3. (a)" and inserting the following: "SEC. 3. LICENSES. "(a) LICENSE REQUIRED; PENALTIES FOR VIOLATIONS.— "; (2) in subsection (b), by inserting "APPLICATION AND FEES FOR LICENSES. — " after "(b)"; and (3) in subsection (c), by inserting "USE OF TRADE NAMES. — " after "(c)". SEC 4. ESTABLISHMENT AND ALTERATION OF LICENSE FEES FOR COMMISSION MERCHANTS, DEALERS (OTHER THAN RETAILERS AND GROCERY WHOLESALERS), AND BRO- KERS. (a) DISCRETION OF SECRETARY TO ESTABLISH AND ALTER FEES. — Section 3(b) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499c(b)), is amended by inserting after paragraph (1), as designated by section 3(a)(1), the following new paragraph: "(2) LICENSE FEES. — Upon the filing of an application under paragraph (1), the applicant shall pay such license fees, both individually and in the aggregate, as the Secretary determines necessary to meet the reasonably anticipated expenses for administering this Act and the Act to prevent the destruction or dumping of farm produce, approved March 3, 1927 (7 U.S.C. 491-497). Thereafter, the licensee shall pay such license fees annually or at such longer interval as the Secretary may prescribe. The Secretary shall take due account of savings to the program when determining an appropriate interval for renewal of licenses. The Secretary shall establish and alter license fees only by rulemaking under section 553 of title 5, United States Code, except that the Secretary may not alter the fees required under paragraph (3) or (4) for retailers and Effective date. grocery wholesalers that are dealers. Effective on the date of the enactment of the Perishable Agricultural Commodities Act Amendments of 1995 and until such time as the Secretary alters such fees by rule, an individual license fee shall equal $550 per year, plus $200 for each branch or additional business facility operated by the applicant in excess of nine such facilities, as determined by the Secretary, subject to an annual aggregate limit of $4,000 per licensee. Any increase in license fees prescribed by the Secretary under this paragraph shall not take effect unless the Secretary determines that, without such increase, the funds on hand as of the end of the fiscal year in which the increase takes effect will be less than 25 percent of the projected budget to administer such Acts for the next fiscal year. In no case may a license fee increase by the Secretary take effect before the end of the three-year period beginning on the date of the enactment of the Perishable Agricultural Commodities Act Amendments of 1995.". (b) REPEAL OF CURRENT CAP ON RESERVE FUNDS.— Paragraph (5) of such section, as designated by section 3(a)(3), is amended by striking the sentence that begins with "The amount of money.

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