An Act to amend the Perishable Agricultural Commodities Act.
PL 95-562 (S.976), enacted 11/01/1978

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. 
Be it enacted l)y the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. (a) Effective January 1,1979, section 1 of the Perishable 
Agricultural Commodities Act, 1930 (7 U.S.C. 499a), is amended by— 
(1) in subsection (6), striking out "$100,000" and inserting in 
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", except that no person buying potatoes for processing solely 
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 
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 
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 aggre-
gate" ; 
(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 sub-
section (b) as follows: 
"(b) The Secretary or the Secretary's duly authorized agents, in 
order to insure that the prompt payment provision of section 2(4) of 
this Act is being complied with, shall from time to time inspect the 
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 
also require that any such commission merchant, dealer, or broker fur-
nish, 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 accord-
ance with this Act and that such commission merchant, dealer, or 
Nov. 1, 1978 
[S. 976] 
Perishable 
Agricultural 
Commodities Act, 
amendment. 
Potatoes. 
7 u s e 499a note. 
Licenses. 
Fees. 
Inspection of 
records. 
7 u s e 499b. 
7 u s e 499f. 
92 STAT. 2382 
PUBLIC LAW 95-562—NOV. 1, 1978 
Suspension of 
license. 
Farm labor 
contractor, 
exclusion. 
broker will pay all reparation awards, subject to its right of appeal 
under section 7(c) of this Act: Provided^ That if such surety bond is 
furnished, maintained, and adjusted as required by the Secretary, the 
Secretary shall not thereafter inspect the accounts, records, and memo-
randa of such commission merchant, dealer, or broker under this sub-
section more than once a year. If any such commission merchant, 
dealer, or broker refuses to permit such inspection or fails or refuses 
to furnish, maintain, or adjust such surety bond, the Secretary may 
publish the facts and circumstances and, by order, suspend the license 
of the ojffender until permission to make such inspection is given or 
such surety bond is furnished, maintained, or adjusted.". 
SEC. 4. Section 3(b) of the Farm Labor Contractor Kegistration Act 
of 1963 (7 U.S.C. 2042 (b)) is amended by— 
(1) striking out "or" at the end of paragraph (8), striking out 
the period at the end of paragraph (9) and inserting in lieu there-
of a semicolon and "or"; and 
(2) adding at the end thereof a new paragraph (10) as follows: 
"(10) any person who would be required to register solely 
because the person is engaged in any such activity solely for 
the purpose of supplying full-time students or other persons 
whose principal occupation is not farm 
work to detassel and 
rogue hybrid seed corn or sorghum for seed and to engage in 
other incidental farmwork for a period not to exceed four 
weeks in any calendar year: Provided^ That such students or 
other persons are not required by the circumstances of such 
activity to be away from their permanent place of residence 
' 
overnight: Provided further^ That such students or other per-
sons, if under 18 years of age, are not engaged in providing 
transportation in vehicles caused to be operated by the 
contractor.". 
Approved November 1, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1620, accompanying H.R. 13845 (Comm. on Agriculture). 
SENATE REPORT No. 95-1156 (Comm. on Agriculture, Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 8, considered and passed Senate. 
Oct. 3, 4, H.R. 13845 considered and passed House; passage vacated and S. 976, 
amended, passed in lieu. 
Oct. 13, Senate concurred in House amendments with an amendment. 
Oct. 13, House concurred in Senate amendment.