I
104TH CONGRESS
1ST SESSION
H. R. 1103
Entitled, ‘‘Amendments to the Perishable Agricultural Commodities Act,
1930’’.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1995
Mr. POMBO (for himself, Mr. DOOLITTLE, Mr. FOLEY, Mrs. THURMAN, Mr.
PASTOR, and Mr. FARR) introduced the following bill; which was referred
to the Committee on Agriculture
A BILL
Entitled, ‘‘Amendments to the Perishable Agricultural
Commodities Act, 1930’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
(a) Section 1(b)(6) of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499a) is hereby amend-
ed to read as follows:
‘‘(b)(6) The term ‘dealer’ means any person engaged
in the business of buying or selling in wholesale or jobbing
quantities, including for resale at retail, as defined by the
Secretary, any perishable agricultural commodity in inter-
HR 1103 IH
state or foreign commerce, except that (A) no producer
shall be considered a ‘dealer’ in respect to sales of any
such commodity of his own raising; and (B) no person
buying any commodity other than potatoes for canning
and/or processing within the State where grown shall be
considered a ‘dealer’ whether or not the canned or proc-
essed product is to be shipped in interstate or foreign com-
merce, unless such product is frozen or packed in ice or
consists of cherries in brine, within the meaning of para-
graph (4) of this section. Any person not considered as
a ‘dealer’ under clauses (A) or (B) may elect to secure
a license under the provisions of section 499c of this title,
and in such case and while the license is in effect such
person shall be considered as a ‘dealer’.’’
(b) Section 1 of the Perishable Agricultural Commod-
ities Act, 1930 (7 U.S.C. 499a) is hereby amended to add
a new subsection (b)(11) and a new subsection (b)(12),
to read as follows:
‘‘(11) The terms ‘collateral fees and expenses’
mean any promotional allowances, rebates, service or
materials fees paid or provided, directly or indirectly,
in connection with the distribution or marketing of
any perishable agricultural commodity.
‘‘(12) The term ‘producer’ means any person
who raises perishable agricultural commodities for
HR 1103 IH
sale of those commodities in wholesale or jobbing
quantities, under the producer’s own brands or la-
bels, as defined by the Secretary.’’.
SEC. 2. UNFAIR TRADE PRACTICES.
(a) Section 2(1) of the Perishable Agricultural Com-
modities Act, 1930 (7 U.S.C. 499b) is hereby amended
to read as follows:
‘‘(1) For any commission merchant, dealer,
broker, or producer to engage in or use any unfair,
unreasonable, discriminatory, or deceptive practice
in connection with the weighing, counting, or in any
way determining the quantity of any perishable agri-
cultural commodity received, bought, sold, shipped,
or handled in interstate or foreign commerce;’’.
(b) Section 2(4) of the Perishable Agricultural Com-
modities Act, 1930 (7 U.S.C. 499b) is hereby amended
to read as follows:
‘‘(4) For any commission merchant, dealer,
broker, or producer to make, for a fraudulent pur-
pose, any false or misleading statement in connec-
tion with any transaction involving any perishable
agricultural commodity which is received in inter-
state or foreign commerce by such commission mer-
chant, or bought or sold, or contracted to be bought,
sold or consigned, in such commerce by such dealer,
HR 1103 IH
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 and make full pay-
ment promptly in respect of any transaction in any
such commodity to the person with whom such
transaction is had; or to fail to disclose the grant or
receipt of any collateral fee or expense in connection
with any cost-plus transaction in any such commod-
ity to the person with whom such transaction is had;
or to fail, without reasonable cause to perform any
specification or duty, express or implied, arising out
of any undertaking in connection with any such
transaction; or to fail to maintain the trust as re-
quired under section 499e(c) of this title;’’.
(c) Section 2(5) of the Perishable Agricultural Com-
modities Act, 1930 (7 U.S.C. 499b) is hereby amended
to read as follows:
‘‘(5) For any commission merchant, dealer,
broker, or producer to misrepresent by word, act,
mark, stencil, label, statement, or deed, the char-
acter, kind, grade, quality, quantity, size, pack,
weight, condition, degree of maturity, or State,
country, or region of origin of any perishable agri-
cultural commodity received, shipped, sold, or of-
fered to be sold in interstate or foreign commerce: