Page:United States Statutes at Large Volume 46 Part 1.djvu/576

 SEVENTY-FIRST CONGRESS. SEss. II. Cia. 436. 1930 . 533 commerce is negotiated by such broker ; or to fail or refuse truly and corr ectl y to acc ount pro mptl y in res pect of any such tra nsac tion in any such commodity to the person with whom such transaction ishad; (5) For any comm issi on m erch ant, dea ler, or brok er, for a fr audu - False repre senta tion s lent purpose, to represent by word, act, or deed that any perishable of origin of commodity. agricultural c ommodity rece ived in inter state or forei gn commerce was produced in a State or in a country other than the State or the country in which such commodity was actually produced ; Removal, etc ., of (6) For any comm issi on m erch ant, dea ler, or brok er, for a fr audu - shipping tag, etc., con- lent purpose, to remove, al ter, or tampe r with any car d, stencil, taining inspector's cer- tificate of quality, etc. 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 under author- ity of any Federal or State inspector 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. LICENSES SE C. 3. (a) After the expiration of six months after the approval of this Act no person shall at any time carry on the business of a commission merchant, dealer, or broker without a license valid and effective at such time. Any person who violates any provision of this subdivision shall be liable to a penalty of not more than $500 for each such offense and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil suit brought by the United States. (b) Any person desiring any such license shall make application to the Secretary. The Secretary may by regulation prescribe the information to be contained in such application. Upon the filing of the application, and annually thereafter, the applicant shall pay a fee of $10. SEa. 4. (a) Whenever an applicant has paid the prescribed fee the Secretary, except as provided in subdivision (b) of this section, 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 Act, but said lice nse shal l au toma tica lly term inat e un less the ann ual fee is p aid within thirty days after notice has been mailed that payment is due. (b) The Secretary shall refuse to issue a license to an applicant if after notice and hearing he finds (1) that the applicant has previ- ously been responsible in whole or in part for any violation of the provisions of section 2 for which a license of the applicant, or the license of any partnership, association, or corporation in which the applicant held any office or, in the case of a partnership, had any share o r inter est, wa s revo ked, or (2) in case the app licant is a p art- nership, association, or corporation, that any individual holding any office or, in the case of a partnership, having any interest or share in the applicant, had previously been responsible in whole or in part for any violation of the provisions of section 2 for which the license of such individual, or of any partnership, association, or corporation in which such person held any office, or, in the case of a partnership, had any share or interest, was revoked. Notwithstanding the fore- going provisions, the Secretary, in the case of such applicant, may issue a license if the applicant furnishes a bond or other satisfactory assurance that his business will be conducted in accordance with the provisions of this Act, but such license shall not be issued before the expiration of one year from the date of such revocation. Licenses. Procurement by dealer, etc ., compul- sory. Penal ty f or v iola- tions, ete, Application for. Regulations and fee. Issue and force of li- cense. Refusal of license. If applicant respon- sible for unlawful act revoking prior license. If applicant a part- nership, etc ., and any member thereof respon- sible for unlawful act revoking forme r license. wai ver of revoca- tions and issue of li- cense if bond furnished.

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