Page:United States Statutes at Large Volume 49 Part 1.djvu/1578

 74TH C ONGRESS. SESS. II. CH. 602. JU NE 19, 1936 . 1533 [C HAPT ER 602 .1 AN ACT June 19, 1936 . To a mend the Act k nown as the "P erishab le Agri cultura l Commo dities Act, 	[13 . R. 8759.] 1930", approved June 10, 1030, as amended. [Public, No. 702.] Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That paragr aph 4 to al Comm es Act of section 2 of the Perishable Agricultural Commodities Act of 1930, of 1910, a mendments. a s ame nded, is hereby amended to read as follo ws : p 483 46,p.532 ;L.s.c ., "(4) For any commission merchant, dealer, or broker to make, for Unfair conduct . False statements a fr audulent purpose, any fa lse or m isleadin g statem ent in c onnec- concernin g commodity tion with any transaction involving any perishable agricultural com- t rans acti ons . modi ty which is rece ived in intersta te or fo reign co mmerce b y 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 promptly in respect of any transaction in any such commodity to the person with whom such transaction is had ;". SEC. 2. That paragraph (b) of section 4 of the Perishable Agricul- hcCauses for r efusin g tural Commodities Act of 1930, as amended, is hereby amended to vol.4,;, p. .,33. read as follows "(b) The Secretary shall refuse to issue a license to an applicant r spp psbln tpreviously (1) if he finds that the applicant has previously been responsible in fulactl 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or corporation in which the applicant held any office, or, in the case of a partnership, had any share or interest, was revoked ; or (2) if he finds after notice and hearing that at an time applicant responsi- ble for flagran t or r(, . . within two years said applicant was responsible in whole or in part two yea viol ation w ithin for any flagrant or repeated violation of the provisions of section 2 or (3) if he finds, in case the applicant is a partnership, association, Any member in a partnership, etc ., re- or corporation, that any individual holding office or, in the case of sponsible for unlawful a partnership, having any interest or share in the applicant, has act » 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 per- son held any office, or, in the case of a partnership, had any share or interest, was revoked ; or (4) if he finds, after notice and hearing Applicant a partner- sh ip or corporation in in case the applicant is a partnership, association, or corporation, that which any officer there- any individual ho lding any off ice or, in th e case of a pa rtnership, ha v- of resp onsibl e for c an- in g any in terest o r share in the a pplicant, had pr eviously , at any ti me withi n two ye ars been respons ible in whole or in part for any flagrant or repeated violation of the provisions of section 2 Applicant has failed to pay outsta nding r ep- if he finds that the applicant, subject to his right of appeal under aration order ; excep- section 7 (b), has failed, except in case of bankruptcy, to pay within lion. the time limit provided therein any reparation order which has been is sued, wi thin two years, against him as a n indivi dual, or against a partnership of which he was a member, or an association or cor- poration in which he held any office, or, in case the applicant is a partnership, association, or corporation, that any individual holding any office, or, in the case of a partnership, having any interest or share in the applicant, subject to his right of appeal under section 7 (b), has failed, except in the case of bankruptcy, to pay within the time limit provided therein any reparation order which has been issued, within two years, against him as an individual, or against a partnership of which he was a member, or an association or corpora- tion in whi ch he hel d an y o ffi ce. Notwithstanding the foregoing Waiver of provisions up on giving bon d for provisions, the Secretary, in the case of such applicant, may issue future compliance . a license if the applicant furnishes a bond or other satisfactory assur-
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