Page:United States Statutes at Large Volume 92 Part 2.djvu/1101

 PUBLIC LAW 95-562—NOV. 1, 1978

92 STAT. 2381

Public Law 95-562 95th Congress An Act To amend the Perishable Agricultural Commodities Act.

Nov. 1, 1978 [S. 976]

Be it enacted by the Senate and House of Representatives of the Perishable United States of America in Congress assembled, SECTION 1. (a) Effective January 1, 1979, section 1 of the Perishable Agricultural Agricultural Commodities Act, 1930 (7 U.S.C. 499a), is amended by— Commodities Act, (1) in subsection (6), striking out "$100,000" and inserting in amendment. lieu thereof "$200,000"; and (2) in subsection (7), striking out "$100,000" and inserting in lieu thereof "$200,000". (b) Section 1 of the Perishable Agricultural Commodities Act, 1930, is further amended by inserting in subsection (6) immediately after "(C) no person buying any commodity" the following: "other than Potatoes. potatoes", except that no person buying potatoes for processing solely 7 USC 499a note. within the State where grown shall be deemed or considered to be a dealer under subsection (6) of section 1, as amended by this subsection, until January 1, 1982. SEC. 2. Section 3(b) of the Perishable Agricultural Commodities Licenses. Act, 1930 (7 U.S.C. 499c(b)), is amended by— (1) inserting immediately before the period at the end of the second sentence the following: "and to be furnished thereafter"; (2) striking out "$100" in the third sentence and inserting in Fees. lieu thereof the following: "$150, plus $50 for each branch or additional business facility operated by the applicant in excess of nine such facilities, as determined by the Secretary. Total annual fees for any applicant shall not exceed $1,000 in the aggregate"; (3) inserting immediately after "referred to above:" in the fourth sentence the following: ^''Provided, That the amount of money accumulated and on hand in the special fund at the end of any fiscal year shall not exceed 25 percent of the projected budget for the next following fiscal year:"; and (4) inserting '•^further' immediately after '•Provided' in the fourth sentence. SEC. 3. Section 13 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499m), is amended by renumbering subsections (b) through (e) as subsections (c) through (f) and adding a new subsection (b) as follows: "(b) The Secretary or the Secretary's duly authorized agents, in Inspection of order to insure that the prompt payment provision of section 2(4) of records. this Act is being complied with, shall from time to time inspect the 7 USC 499b. accounts, records, and memoranda of any commission merchant, dealer, or broker determined in a formal disciplinary proceeding under section 6(b) of this Act to have violated such provision. The Secretary may 7 USC 499f. also require that any such commission merchant, dealer, or broker furnish, maintain, and from time to time adjust a surety bond in form and amount satisfactory to the Secretary as assurance that such commission merchant's, dealer's, or broker's business will be conducted in accordance with this Act and that such commission merchant, dealer, or

�