Page:United States Statutes at Large Volume 46 Part 1.djvu/575

 532 SEVENTY-FIRST CONGRESS .' SEss. II. CH. 436. 1930 . "commission me r- (5) T he ter m "com missi on mer chant" means any person engag ed °rant'" 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 ; "Deal er ." (6) The term " dealer" means any person engaged in the business of buying or selling in carloads any perishable agricultural com- Prr adu cer oeptfons. selling com- modity in interstate or foreign commerce, except that (A) no pro- modit y of own rais ing . ducer shall be considered as a " dealer " in respect of sales of any Purchaser buying such commodity of his own raising ; and (B) no person buying any solely for retail trade, unless annual purchase such commodi ty solely for sale at reta il shall be co nsidered as a of commodity exceeds ... ~, twenty carloads. dea ler in respect of any such commodity in any calendar year until his purchases of such commodity in carloads in such year are Licensing of person, within exceptions, who in excess of twenty. Any person not considered as a " dealer" under aesir es cl assif icat ion as cl aus es dealer ." (A) and (B) may elect to secure a license under the provi- sions of section 3, and in such case and while the license is in effect such person shall be considered as a " dealer" . As used in this "In carloads." paragraph, the term " in carloads " includes corre sponding whol e- sale or jobbing quantities as defined for any such commodity by the Secretary ; "Broker." (7) The term "broker" means any person engaged in the busi- ness of negotiating sales and purchases of any perishable agricul- tural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, respectively ; Trans actio n in inte r- (8) A transaction in respect of any perishable agricultural com- stata or foreign com- merce. modi ty s hall be cons ider ed i n in ters tate or fore ign comm erce if such commodity is part of that current of commerce usual in the trade in that commodity whereby such commodity and/or the products of such commodity are sent from one State with the expectation that t hey wil l end their t ransit, after purcha se, in anothe r, incl uding, in addition to cases within the above general description, all cases where sale is either for shipment to another State, or for processing within the State and the shipment outside the State of the products resulting from such processing. Commodities normally in such current of commerce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this Act. Unfair conduc t. UNFAIR CONDUCT Unlawful acts. SEc. 2. It shall be unlawful in or in connection with any trans- action in interstate or foreign commerce - Fraudulent o mmiss cha rge (1) For any commission merchant or broker to make any fraudu- chrant, etc . comm issi on m er- lent charge in respect of any perishable agricultural commodity G received in interstate or foreign commerce ; Dealer's breach of (2) For any dealer to reject or fail to deliver in accordance with contract of purchase, etc ., of commodity. the terms of t he contract w ithout reason able cause any perishable agricultural commodity bought or sold or contracted to be bought or sold in interstate or foreign commerce by such dealer ; Dumping, etc., of (3) Fo r any commis sion mercha nt to - discard, dump, or destroy commodity by com- mission merchant. without reasonable cause any perishable agricultural commodity receiv ed by such c ommis sion m erchan t in i nters tate o r fore ign commerce ; False statements of (4) For any commission merchant, dealer, or broker to make, for market commodity, et°,. etc ., for commodi a fraudulent purpose, an y false or misleading statement concerning fort, the condition, quality, quantity, or disposition of, or the condition of the market for, any perishable agricultural commodity which is received in interstate or foreign commerce by such commission mer- chant, or bought or sold or contracted to be bought or sold in such commerce by such dealer ; or the purchase or sale of which in such

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