Page:United States Statutes at Large Volume 50 Part 1.djvu/751

 726 46 Stat. 533. 7U.S.C.§499b(6). Remova l of e vi- dence of grade placed on containers, etc. New subsection . Substitution or ot herwis e cha nging contents after official inspection. 46 Stat.533. 7U.S.C.§499c. Licenses ; settlement of liability for viola- tions. 46 Stat.533. 7U.S.C.§499d. issue and force of license. Annual fee, pay- ment of. Provisos . Mailing of notice. Renewal, if in arrears. Causes for license refusal. Previous violation. 49 Stat.1533. 7 U.S.C., Supp.Ii, § 499d(b). 75TH CONGRESS, 1sT SESSION-CH. 71 9-AUGUST 20, 1937 statement, or deed the character, kind, grade, quality, condition, degree of maturity, or State or country of origin of any perishable agricultural commodity received, shipped, sold, or offered to be sold in interstate or foreign commerce ." SEC . 3 . That subsection 6 of section 2 of the Perishable Agricul- tural Commodities Act, 1930, as amended, is hereby amended to read as follows "(6) For any commission merchant, dealer, or broker, for a fraudulent purpose, to remove, alter, or tamper with any card, stencil, stamp, tag, or oth er notice pla ced upon any c ontainer or railroad car c ontaining any perishable a gricultural co mmodity, if such card, stencil, stamp, tag, or other notice contains a certificate or statement u nder authorit y of any Fede ral or State i nspector 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 ." SEC . 4. That section 2 of the Perishable Agricultural Commodi- ties Act, 1930, as amended, is hereby amended by adding a new subsection numbered 7 and reading as follows "(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 perishab le agricultur al commodity a fter it has been officially inspected for grading and certification, but this shall not prohibit re-sorting and discarding inferior produce ." SEC . 5 . That section 3 (a) of the Perishable Agricultural Com- modities Act, 1930, as amended, is amended by adding thereto the following : "Any person violat ing this provi sion may, upo n a showing s atis- fact ory to t he S ecre tary of Agri cult ure, or his auth oriz ed r epre sen- tative, that such violation was not willful but was due to inad- vertence, be permitted by the Secretary, or such representative, to settle his liability in the matter by the payment of the fees due for the period covered by such violation and an additional sum, not in excess of $25, to be fixed by the Secret ary of Agricul ture or his authorized representative. Such payment shall be deposited in the Treasury of the United States in the same manner as regular license fees ." SEC . 6. That section 4 of the Perishable Agricultural Commodi- ties Act, 1930, as amended, is hereby amended to read as follows "(a) Whenever an applicant has paid the prescribed fee the Secretary, except as provided elsewhere in this Act, shall issue to such applicant a license, which shall entitle the licensee to do busi- ness 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 pro visi ons of t his Act, or is a utom atic ally sus pend ed u nder section 7 (d) of this Act, but said license shall automatically ter- minate on any anniversary date thereof unless the annual fee has been paid : Provided, That notice of the necessity of paying the annual fee shall be mailed at least thirty days before the anniversary da te : Provi ded further, That if the annual fee is not paid by the anniversary date the licensee may obtain a renewal of that license at any time wi thin thirty d ays by paying a fee of $15 ; "(b) The Secretary shall refuse to issue a license to an applicant (1) if he finds that the applicant has previously been responsible in whole or in part for any violation of the provisions of the Act for which a license of the applicant, or the license of any partnership, association, or corporation in which the applicant held any office or,