Page:United States Statutes at Large Volume 70.djvu/782

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PUBLIC LAW 842-JULY 30, 1956 Public Law 842

July 30, 1956 [H. R. 5337]

Perishable agrictiltural commodities. 46 Stat. 533. Unfair conduct.

License. 64 Stat. 217.

Fees. 64 Stat. 218. 50 Stat. 726. Investigation.

Hearing.

50 Stat. 726. 7 USC 499d. R e f u s a l of license.

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ST A T.

CHAPTER 786

AN ACT To amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2(5) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. sec. 499b (5)), is amended to read as follows: "(5) For any commission merchant, dealer, or broker to misrepresent by word, act, mark, stencil, label, statement, or deed, the character, kind, grade, quality, quantity, size, pack, weight, condition, degree of maturity, or State, country, or region of origin of any perishable agricultural commodity received, shipped, sold, or offered to be sold in interstate or foreign commerce;". SEC. 2. (a) Section 3(b) of such Act (7 U.S.C. sec. 499c (b)) is amended by striking out in the third sentence the words "of $15" and inserting "not to exceed $25". (b) The last proviso of section 4(a) of such Act (7 U.S.C. sec. 499d (a)) is amended by striking out "a fee of $20" and inserting "the fee provided in section 3(b), plus $5". SEC. 3. Section 4(d) of such Act (7 U.S.C. sec. 499d (d)) is amended to read as follows: " (d) The Secretary may withhold the issuance of a license to an applicant, for a period not to exceed thirty days pending an investigation, for the purpose of determining (a) whether the applicant is unfit to engage in the business of a commission merchant, dealer, or broker because the applicant, or in case the applicant is a partnership, any general partner, or in case the applicant is a corporation, any officer or holder of more than 10 per centum of the stock, prior to the date of the filing of the application engaged in any practice of the character prohibited by this Act or was convicted of a felony in any State or Federal court, or (b) whether the application contains any materially false or misleading statement or involves any misrepresentation, concealment, or withholding of facts respecting any violation of the Act by any officer, agent, or employee of the applicant. If after investigation the Secretary believes that the applicant should be refused a license, the applicant shall be given an opportunity for hearing within sixty days from the date of the application to show cause why the license should not be refused. If after the hearing the Secretary finds that the applicant is unfit to engage in the business of a commission merchant, dealer, or broker because the applicant, or in case the applicant is a partnership, any general partner, or in case the applicant is a corporation, any officer or holder of more than 10 per centum of the stock, prior to the date of the filing of the application engaged in any practice of the character prohibited by this Act or was convicted of a felony in any State or Federal court, or because the application contains a materially false or misleading statement made by the applicant or by its representative on its behalf, or involves a misrepresentation, concealment, or withholding of facts respecting any violation of the Act by any officer, agent, or employee, the Secretary may refuse to issue a license to the applicant." SEC. 4. Section 4 of such Act is further amended by adding at the end thereof the following subsection: "(e) The Secretary may refuse to issue a license to an applicant if he finds that the applicant, or in case the applicant is a partnership, any general partner, or in case the applicant is a corporation, any officer or holder of more than 10 per centum of the stock, has, within

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