Page:United States Statutes at Large Volume 109 Part 1.djvu/440

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109 STAT. 424 PUBLIC LAW 104-48—NOV. 15, 1995 Public Law 104-48 104th Congress Nov. 15, 1995 [H.R. 1103] Perishable Agricultural Commodities Act Amendments of 1995. 7 USC 499a note. An Act To amend the Perishable Agricultural Commodities Act, 1930, to modernize, streamline, and strengthen the operation of the Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE. —This Act may be cited as the "Perishable Agricultural Commodities Act Amendments of 1995". (b) TABLE OF CONTENTS.— The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Addition of definitions of retailer and grocery wholesaler. Sec. 3. Gradual elimination of annual license fee for retailers and grocery wholesalers that are dealers. Sec. 4. Establishment and alteration of license fees for commission merchants, dealers (other than retailers and grocery wholesalers), and brokers. Sec. 5. Increase in penalties for operating without a license and increase in late renewal fee. Sec. 6. Statutory trust on commodities and sale proceeds. Sec. 7. Authority of Department of Agriculture regarding possible violations. Sec. 8. Filing and handling fees for reparation complaints. Sec. 9. Consideration of collateral fees and expenses. Sec. 10. Clarification of misbranding prohibition. Sec. 11. Imposition of civil penalty in lieu of license suspension or revocation. Sec. 12. Extension of sanctions to persons responsibly connected to a commission merchant, dealer, or broker. SEC. 2. ADDITION OF DEFINITIONS OF RETAILER AND GROCERY WHOLESALER Section 1(b) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)), is amended by adding at the end the following new paragraphs: "(11) The term 'retailer' means a person that is a dealer engaged in the business of selling any perishable agricultural commodity at retail. "(12) The term 'grocery wholesaler' means a person that is a dealer primarily engaged in the full-line wholesale distribution and resale of grocery and related nonfood items (such as perishable agricultural commodities, dry groceries, general merchandise, meat, poultry, and seafood, and health and beauty care items) to retailers. However, such term does not include a person described in the preceding sentence if the person is primarily engaged in the wholesale distribution and resale of perishable agricultural commodities rather than other grocery and related nonfood items.".