An Act to amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities
PL 87-725 (S.1037), enacted 10/01/1962

76 STAT.] 
PUBLIC LAW 87-725-OCT. 1, 1962 
673 
Public Law 87-725 
AN ACT 
To amend the provisions of the Perishable Agricultural Commodities Act, 1930, 
relating to practices in the marketing of perishable agricultural commodities. 
October 1, 1962 
[S. 1037] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asse^nhled^ That paragraphs 
(6) and (7) of the first section of the Perishable Agricultural Com-
modities Act, 1930 (7 U.S.C. 499a), are amended to read as follows: 
"(6) The term 'dealer' means any person engaged in the business of 
buying or selling in wholesale or jobbing quantities, as defined by the 
Secretary, any perishable agricultural commodity in interstate or 
foreign commerce, except that (A) no producer shall be considered 
as a 'dealer' in respect to sales of any such commodity of his own 
raising; (B) no person buying any such commodity solely for sale 
at retail shall be considered as a 'dealer' until the invoice cost of his 
purchases of perishable agricultural commodities in any calendar 
year are in excess of $90,000; and (C) no person buying any commodity 
for canning and/or processing within the State where grown shall be 
considered a 'dealer' whether or not the canned or processed product 
is to be shipped in interstate or foreign commerce, unless such product 
is frozen or packed in ice, or consists of cherries in brine, within the 
meaning of paragraph (4) of this section. Any person not considered 
as a 'dealer' under clauses (A), (B), and (C) may elect to secure a 
license under the provisions of section 8, and in such case and while 
the license is in effect such person shall be considered as a 'dealer'; 
"(7) The term 'broker' means any person engaged in the business of 
negotiating sales and purchases of any perishable agricultural com-
modity in interstate or foreign commerce for or on behalf of the vendor 
or the purchaser, respectively, except that no person shall be deemed 
to be a 'broker' if such person is an independent agent negotiating sales 
for and on behalf of the vendor and if the only sales of such commodi-
ties negotiated by such person are sales of frozen fruits and vegetables 
having an invoice value not in excess of $90,000 in any calendar year." 
SEC. 2, The first section of such Act (7 U.S.C. 499a) is further 
amended by adding at the end thereof the following new paragraphs: 
"(9) The term 'responsibly connected' means affiliated or connected 
with a commission merchant, dealer, or broker as (A) partner in a 
partnership, or (B) officer, director, or holder of more than 10 per 
centum of the outstanding stock of a corporation or association; 
"(10) The terms 'employ' and 'employment' mean any affiliation of 
any person with the business operations of a licensee, with or without 
compensation, including ownership or self-employment." 
SEC. 3. The third sentence of section 3(b) of such Act (7 U.S.C. 
499c(b)) is amended to read as follows: "Upon the filing of the appli-
cation, and annually thereafter, the applicant shall pay such fee as 
the Secretary determines necessary to meet the reasonably anticipated 
expenses for administering this Act and the Act to prevent the destruc-
tion or dumping of farm produce, approved March 3, 1927 (7 U.S.C. 
491-497), but in no event shall such tee exceed $50. Such fee, when 
collected, shall be deposited in the Treasury of the United States as a 
special fund, without fiscal year limitation, to be designated as the 
'Perishable Agricultural Commodities Act Fund', which shall be 
available for all expenses necessary to the administration of this Act 
and the Act approved March 3, 1927, referred to above: Provided, 
That financial statements prescribed by the Director of the Bureau or 
the Budget for the last completed fiscal year, and iis estimated for the 
current and ensuing fiscal years, shall be included in the budget as 
Perishable Agri-
cultural Commod-
ities Act, 1930, 
amendment. 
50 Stat. 725; 
46 Stat. 532. 
Definitions. 
License fees. 
64 Stat. 217, 
44 Stat. 1355. 
••Perishable 
Agricultural Com-
modities Act 
Fund.»» 
78135 0-63—46 
674 
PUBLIC LAW 87-725-OCT. 1,1962 
[76 STAT. 
46 Stat. 533. 
Trade names. 
Bankruptcy. 
70 Stat. 726. 
License re-
fusal. 
7 u s e 499h. 
7 u s e 499b. 
44 Stat. 135S. 
Pos^p. 675; 
7 u s e 499g. 
Period of 
license ineligi-
bility. 
submitted to the Congress annually. 
The Secretary shall give public 
notice of any increase to be made in the annual fee prescribed by him 
hereunder and shall allow a reasonable time prior to the effective date 
of such increase for interested persons to file their views on or objec-
tions to such increase." 
SEC. 4. Section 3 of such Act (7 U.S.C. 499c) is further amended by 
adding at the end thereof the following new subsection: 
"(c) A licensee may conduct business in more than one trade name 
or change the name under which business is conducted without requir-
ing an additional or new license. The Secretary may disapprove the 
use of a trade name if, in his opinion, the use of the trade name by the 
licensee would be deceptive, misleading, or confusing to the trade, and 
the Secretary may, after notice and opportunity for a hearing, sus-
pend for a period not to exceed ninety days the license of any licensee 
who continues to use a trade name which the Secretary has disap-
proved for use by such licensee. The Secretary may refuse to issue a 
license to an applicant if he finds that the trade name in which the 
applicant proposes to do business would be deceptive, misleading, or 
confusing to the trade if used by such applicant." 
SEC. 5. Section 4(a) of such Act (7 U.S.C. 499d(a)) is amended by 
inserting before the period at the end thereof ": And provided 
fur-
ther, That the license of any licensee shall terminate upon said licensee, 
or in case the licensee is a partnership, any partner, being discharged 
as a bankrupt". 
SEC. 6. Section 4(b) of such Act (7 U.S.C. 499d(b)) is amended 
to read as follows: 
"(b) The Secretary shall refuse to issue a license to an applicant 
if he finds that the applicant, or any person responsibly, connected 
with the applicant, is a person who, or is or was responsibly connected 
with a person who— 
"(A) has had his license revoked under the provisions of sec-
tion 8 within ^wo years prior to the date of the application or 
whose license is currently under suspension; 
"(B) within two years prior to the date of application has been 
found after notice and opportunity for hearing to have committed 
any flagrant or repeated violation of section 2, but this provision 
shall not apply to any case in which the license of the person 
found to have committed such violation was suspended and the 
suspension period has expired or is not in effect; 
"(C) within two years prior to the date of the application, has 
been found guilty in a Federal court of having violated the provi-
sions of the Act of March 3,1927 (7 U.S.C. 491-497), relating to 
the prevention of destruction and dumping of farm produce; or 
"(D) has failed, except in the case of bankruptcy and subject 
to his right of appeal under section 7(c), to pay any reparation 
order issued against him within two years prior to the date of 
the application." 
SEC. 7. Section 4(c) of such Act (7 U.S.C. 499d(c)) is amended 
to read as follows: 
"(c) Any applicant ineligible for a license by reason of the provi-
sions of subsection (b) of this section may, upon the expiration of 
the two-year period applicable to him, be issued a license by the 
Secretary if such applicant furnishes a surety bond in the form and 
amount satisfactory to the Secretary as assurance that his business 
will be conducted in accordance with this Act and that he will pay all 
reparation orders which maj be issued against him in connection with 
transactions occurring within four years following the issuance of the 
license, subject to his right of appeal under section 7(c). 
In the 
event such applicant does not furnish such a surety bond, the Secretary 
76 STAT.] 
PUBLIC LAW 87-725-OCT. 1, 1962 
675 
shall not issue a license to him until three years have elapsed after the 
date of the applipable order of the Secretary or decision of the court 
on appeal. 
If the surety bond so furnished is terminated for any 
reason without the approval of the Secretary the license shall be 
automatically canceled as of the date of such termination and no 
new license shall be issued to such person during the four-year period 
without a new surety bond covering the remainder of such period. 
The Secretary, based on changes in the nature and volume of business 
conducted by a bonded licensee, may require an increase or authorize 
a reduction in the amount of the bond. A bonded licensee who is 
notified by the Secretary to provide a bond in an increased amount 
shall do so within a reasonable time to be specified by the Secretary, 
and upon failure of the licensee to provide such bond his license 
shall be automatically suspended until such bond is provided." 
SEC. 8. Subsections (c) and (d) of section 6 of such Act (7 U.S.C. 
499f) are amended by striking out "$500" each place it appears and 
inserting in lieu thereof "$1,500". 
SEC. 9. Section 7(c) of such Act (7 U.S.C. 499^(c)) is amended by 
striking the second sentence thereof and substituting therefor the fol-
lowing : "Such appeal shall be perfected by the filing with the clerk 
of said court a notice of appeal, together with a petition in duplicate 
which shall recite prior proceedings before the Secretary and shall 
state the grounds upon which petitioner relies to defeat the right of 
the adverse party to recover the damages claimed, with proof of serv-
ice thereof upon the adverse party. Such appeal shall not be effective 
unless within thirty days from and after the date of the reparation 
order the appellant also files with the clerk a bond in double the 
amount of the reparation awarded against the appellant conditioned 
upon the payment of the judgment entered by the court, plus interest 
and costs, including a reasonable attorney s fee for the appellee, 
if the appellee shall prevail. Such bond shall be in the form or cash, 
negotiable securities having a market value at least equivalent to the 
amount of bond prescribedj or the undertaking of a surety company on 
the approved list of sureties issued by the Treasury Department of 
the United States." 
SEC. 10. Section 7(d) of such Act (7 U.S.C. 499g(d)) is amended 
by striking the proviso at the end of the section and substituting there-
for the following: ^''Provided^ That if on the appeal the appellee 
prevails or if the appeal is dismissed the automatic suspension of 
license shall become effective at the expiration of thirty days from 
the date of the judgment on the appeal, out if the judgment is stayed 
by a court of competent jurisdiction the suspension shall become effec-
tive ten days after the expiration of such stay, unless prior thereto 
the judgment of the court has been satisfied." 
SEC. 11. Section 8(b) of such Act (7 U.S.C. 499h(b)) is amended 
to read as follows: 
"(b) Except with the approval of the Secretary, no licensee shall 
employ any person, or any person who is or has been responsibly 
connected with any person— 
"(1) whose license has been revoked or is currently suspended 
by order of the Secretary; 
" (2) who has been found after notice and opportunity for hear-
ing to have committed any flagrant or repeated violation of section 
2, but this provision shall not apply to any case in which the 
license of the person found to have committed such violation was 
suspended and the suspension period has expired or is not in 
effect; or 
"(3) against whom there is an unpaid reparation award issued 
within two years, subject to his right of appeal under section 7 (c). 
74 Stat. 200; 
48 Stat. 587. 
Bond on appeal. 
48 Stat. 587; 
54 Stat. 214. 
Stay of licen'se 
termination on ap-
peal. 
SO Stat. 729. 
Employment 
of certain persons 
by licensees. 
70 Stat. 727. 
676 
PUBLIC LAW 87-726-OCT. 1, 1962 
[76 
STAT. 
7 u s e 499b. 
Ante, 
p. 675. 
7 u s e 499g. 
Appropriation. 
The Secretary may approve such employment at any time following 
nonpayment of a reparation award, or after one year following the 
revocation or finding of flagrant or repeated violation of section 2, if 
the licensee furnishes and maintains a surety bond in form and amount 
satisfactory to the Secretary as assurance that such licensee's business 
will be conducted in accordance with this Act and that the licensee will 
pay all reparation awards, subject to its right of appeal under section 
7(c), which may be issued against it in connection with transactions 
occurring within four years following the approval. 
The Secretary 
may approve employment without a surety bond after the expiration 
of two years from the effective date of the applicable disciplinai^ 
order. 
The Secretary, based on changes in the nature and volume of 
business conducted by the licensee, may require an increase or authorize 
a reduction in the amount of the bond. A licensee who is notified by 
the Secretary to provide a bond in an increased amount shall do so 
within a reasonable time to be specified by the Secretary, and if the 
licensee fails to do so the approval of employment shall automatically 
terminate. The Secretary may, after thirty days' notice and an oppor-
tunity for a hearing, suspend or revoke the license of any licensee 
who, after the date given in such notice, continues to employ any 
person in violation of this section." 
SEC. 12. The Act of June 10,1933 (48 Stat. 123; 7 U.S.C. 581-589), 
popularly known as the Export Apple and Pear Act, is amended by 
adding at the end thereof a new section as follows: 
"SEC. 10. There are hereby authorized to be appropriated such sums 
as may be necessary for the administration of this Act." 
Approved October 1, 1962. 
October 1, 1962 
[H. J. Res. 730] 
Peace Officers 
Memorial Day. 
Police Week. 
Public Law 87-726 
JOINT RESOLUTION 
To authorize the President to proclaim May 15 of each year as Peace Officers 
Memorial Day and the calendar week of each year during which such May 15 
occurs as Police Week. 
Whereas the police officers of America have worked devotedly and 
selflessly in behalf of the people of this Nation, regardless of the 
peril or hazard to themselves; and 
Whereas these officers have safeguarded the lives and property of 
their fellow Americans; and 
Whereas by the enforcement of our laws, these same officers have 
given our country internal freedom from fear of the violence and 
civil disorder that is presently affecting other nations; and 
Whereas these men and women by their patriotic service and their 
dedicated efforts have earned the gratitude of the Republic: Now, 
therefore, be it 
Resolved hy the Senate and House of Representatives 
of the United 
States of Ainerica in Congress assembled, That the President is 
authorized and requested to issue proclamations (1) designating 
May 15 of each year as Peace Officers Memorial Day in honor of the 
Federal, State, and municipal officers who have been killed or dis-
abled in the line of duty, (2) designating in ea-ch year the calendar 
week during which such May 15 occurs as Police Week, in recognition 
of the service given by the men and women who, night and day, stand 
guard in our midst to protect us through enforcement of our laws, 
and (3) inviting the governments of the States and communities and 
the people of the United States to observe such day and week with 
appropriate ceremonies and activities. 
Approved October 1, 1962.