§499b Unfair conduct

1995—Pub. L. 104–48, § 9(b)(1), substituted “commerce:” for “commerce—” in introductory provisions. Pars. (1) to (3). Pub. L. 104–48, § 9(b)(2), substituted period for semicolon at end. Par. (4). Pub. L. 104–48, § 9(b)(2), (3), substituted period for semicolon after “section 499e(c) of this title” and inserted at end “However, this paragraph shall not be considered to make the good faith offer, solicitation, payment, or receipt of collateral fees and expenses, in and of itself, unlawful under this chapter.” Par. (5). Pub. L. 104–48, §§ 9(b)(2), 10, substituted “foreign commerce. However,” for “foreign commerce: Provided, That”, substituted period for semicolon after “miscellaneous receipts”, and inserted at end “A person other than the first licensee handling misbranded perishable agricultural commodities shall not be held liable for a violation of this paragraph by reason of the conduct of another if the person did not have knowledge of the violation or lacked the ability to correct the violation.” Par. (6). Pub. L. 104–48, § 9(b)(2), substituted period for semicolon at end. 1984—Par. (4). Pub. L. 98–273 inserted “or to fail to maintain the trust as required under section 499e(c) of this title;”. 1982—Par. (5). Pub. L. 97–352 substituted “Provided, That any commission merchant, dealer, or broker who has violated (A) any provision of this paragraph may, with the consent of the Secretary, admit the violation or violations; or (B) any provision of this paragraph relating to a misrepresentation by mark, stencil, or label shall be permitted by the Secretary to admit the violation or violations if such violation or violations are not repeated or flagrant; and pay, in the case of a violation under either clause (A) or (B) of this paragraph,” for “Provided, That any commission merchant, dealer, or broker who has violated this paragraph may, with the consent of the Secretary, admit the violation or violations and pay”. 1974—Par. (5). Pub. L. 93–369 inserted proviso for consent admission of violations, payment of monetary penalty not in excess of $2,000 in lieu of formal proceedings for suspension or revocation of license, and for deposit of the payments into the Treasury of the United States as miscellaneous receipts. 1956—Par. (5). Act

July 30, 1956, struck out “for a fraudulent purpose” after “broker”, and included misrepresentation of region of origin. 1942—Par. (4). Act Apr. 6, 1942, inserted “and make full payment” and “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”. 1940—Par. (1). Act

June 29, 1940, § 3, among other changes, inserted “dealer” after “merchant”. Par. (5). Act

June 29, 1940, inserted “quantity, size, pack, weight” after “quality”. 1937—Par. (5). Act Aug. 20, 1937, § 2, among other changes, inserted “mark, stencil, label, statement” after “act” and “the character, kind, grade, quality, condition, degree of maturity” after “or deed”. Par. (6). Act Aug. 20, 1937, § 3, inserted “or in compliance with any Federal or State law or regulation” after “inspector”. Par. (7). Act Aug. 20, 1937, § 4, added par. (7). 1936—Par. (4). Act

June 17, 1936, struck out “or concerning the condition of the market for” after “involving”. 1934—Par. (2). Act Apr. 13, 1934, § 2, inserted “or consigned” after “sold”. Par. (4). Act Apr. 13, 1934, § 3, substituted “in connection with any transaction involving or concerning” for “concerning the condition, quality, quantity or disposition of” and inserted “or consigned” after “contracted to be bought or sold”.