Title 7 — AgricultureRelease 119-73
§499c Licenses
Title 7 › Chapter CHAPTER 20A— - PERISHABLE AGRICULTURAL COMMODITIES › § 499c
Summary
After December 10, 1930, no one may work as a commission merchant, dealer, or broker unless they have a current license. A person who breaks this rule can be fined up to $1,000 for each offense and up to $250 for each day the violation continues. The Secretary of Agriculture can let someone settle a non-willful mistake by paying the missed fees plus up to $250. To get a license, a person must apply to the Secretary and give the information the Secretary requires. License fees must cover the expected costs of running this program and a related 1927 law. Fees are usually paid each year or less often if the Secretary allows it. The Secretary sets fees by formal rulemaking, but may not change the special fee rules for retailers and grocery wholesalers that are dealers. Starting November 15, 1995, an individual license costs $550 per year, plus $200 for each branch over nine, with a $4,000 yearly cap per licensee. The Secretary cannot raise fees unless cash on hand would be less than 25 percent of the next year’s budget, and no increase could start before the three-year period beginning November 15, 1995 ends. All collected fees go into the Perishable Agricultural Commodities Act Fund in the U.S. Treasury and can be used for program expenses. Reserve money in that fund may be placed in insured interest accounts or U.S. government debt, and any interest earned goes back into the fund. For retailers and grocery wholesalers, special transitional rules applied from November 15, 1995: initial applicants during the three-year period paid the renewal amounts for that year; after that period new applicants paid a $100 administrative fee and then no renewal fee for later years. Licensees holding a license on November 15, 1995 paid renewal fees of 100% in year one, 75% in year two, 50% in year three, and no fee after the three years. A licensee may use more than one trade name or change names without a new license, but the Secretary can block a name that would be deceptive, and can suspend a license up to 90 days after notice and a hearing if the disapproved name is still used.
Full Legal Text
Title 7, §499c
Agriculture — Source: USLM XML via OLRC
(a)After December 10, 1930, no person shall at any time carry on the business of a commission merchant, dealer, or broker without a license valid and effective at such time. Any person who violates any provision of this subsection shall be liable to a penalty of not more than $1,000 for each such offense and not more than $250 for each day it continues, which shall accrue to the United States and may be recovered in a civil suit brought by the United States. Any person violating this provision may, upon a showing satisfactory to the Secretary of Agriculture, or his authorized representative, that such violation was not willful but was due to inadvertence, be permitted by the Secretary, or such representative, to settle his liability in the matter by the payment of the fees due for the period covered by such violation and an additional sum, not in excess of $250, to be fixed by the Secretary of Agriculture or his authorized representative. Such payment shall be deposited in the Treasury of the United States in the same manner as regular license fees.
(b)(1)Any person desiring any such license shall make application to the Secretary. The Secretary may by regulation prescribe the information to be contained in such application and to be furnished thereafter.
(2)Upon the filing of an application under paragraph (1), the applicant shall pay such license fees, both individually and in the aggregate, as the Secretary determines necessary to meet the reasonably anticipated expenses for administering this chapter and the Act to prevent the destruction or dumping of farm produce, approved March 3, 1927 (7 U.S.C. 491–497). Thereafter, the licensee shall pay such license fees annually or at such longer interval as the Secretary may prescribe. The Secretary shall take due account of savings to the program when determining an appropriate interval for renewal of licenses. The Secretary shall establish and alter license fees only by rulemaking under section 553 of title 5, except that the Secretary may not alter the fees required under paragraph (3) or (4) for retailers and grocery wholesalers that are dealers. Effective on November 15, 1995, and until such time as the Secretary alters such fees by rule, an individual license fee shall equal $550 per year, plus $200 for each branch or additional business facility operated by the applicant in excess of nine such facilities, as determined by the Secretary, subject to an annual aggregate limit of $4,000 per licensee. Any increase in license fees prescribed by the Secretary under this paragraph shall not take effect unless the Secretary determines that, without such increase, the funds on hand as of the end of the fiscal year in which the increase takes effect will be less than 25 percent of the projected budget to administer this chapter and such Act for the next fiscal year. In no case may a license fee increase by the Secretary take effect before the end of the three-year period beginning on November 15, 1995.
(3)During the three-year period beginning on November 15, 1995, a retailer or grocery wholesaler making an initial application for a license under this section shall pay the license fee required under subparagraph (A), (B), or (C) of paragraph (4) for license renewals in the year in which the initial application is made. After the end of such period, a retailer or grocery wholesaler making an initial application for a license under this section shall pay an administrative fee equal to $100. In either case, a retailer or grocery wholesaler paying a fee under this paragraph shall not be required to pay any fee for renewal of the license for subsequent years.
(4)In the case of a retailer or grocery wholesaler that holds a license under this section as of November 15, 1995, payments for the renewal of the license shall be made pursuant to the following schedule:
(A)For anniversary dates occurring during the one-year period beginning on November 15, 1995, the licensee shall pay a renewal fee in an amount equal to 100 percent of the applicable renewal fee (subject to the $4,000 aggregate limit on such payments) in effect under this subsection on the day before November 15, 1995.
(B)For anniversary dates occurring during the one-year period beginning at the end of the period in subparagraph (A), the licensee shall pay a renewal fee in an amount equal to 75 percent of the amount paid by the licensee under subparagraph (A).
(C)For anniversary dates occurring during the one-year period beginning at the end of the period in subparagraph (B), the licensee shall pay a renewal fee in an amount equal to 50 percent of the amount paid by the licensee under subparagraph (A).
(D)After the end of the three-year period beginning on November 15, 1995, the licensee shall not be required to pay any fee if the licensee seeks renewal of the license.
(5)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 chapter and the Act approved March 3, 1927, referred to above. Any reserve funds in the Perishable Agricultural Commodities Act Fund may be invested by the Secretary in insured or fully-collateralized interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. Any interest earned on such reserve funds shall be credited to the Perishable Agricultural Commodities Act Fund and shall be available for the same purposes as the fees deposited in such fund. Financial statements prescribed by the Director of the Office of Management and Budget for the last completed fiscal year, and as estimated for the current and ensuing fiscal years, shall be included in the budget as submitted to the Congress annually.
(c)A licensee may conduct business in more than one trade name or change the name under which business is conducted without requiring 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, suspend for a period not to exceed ninety days the license of any licensee who continues to use a trade name which the Secretary has disapproved 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Act to prevent the destruction or dumping of farm produce, approved March 3, 1927, referred to in subsec. (b)(2), (5), is act Mar. 3, 1927, ch. 309, 44 Stat. 1355, which is classified generally to chapter 20 (§ 491 et seq.) of this title. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 553 of this title.
Amendments
1995—Pub. L. 104–48, § 3(b)(1), reenacted section catchline without change. Subsec. (a). Pub. L. 104–48, §§ 3(b)(1), 5(a), inserted heading and substituted “$1,000” for “$500” in first paragraph and “$250” for “$25” in two places. Subsec. (b). Pub. L. 104–48, § 3(b)(2), inserted heading. Subsec. (b)(1). Pub. L. 104–48, § 3(a)(1), (2), inserted heading, realigned margins, and struck out after second sentence “Upon the filing of the application, and annually thereafter, the applicant shall pay such fee as the Secretary determines necessary to meet the reasonably anticipated expenses for administering this chapter and the Act to prevent the destruction or dumping of farm produce, approved March 3, 1927 (7 U.S.C. 491–497), but in no event shall such fee exceed $400, plus $200 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 $4,000 in the aggregate.” Subsec. (b)(2). Pub. L. 104–48, § 4(a), added par. (2). Subsec. (b)(3), (4). Pub. L. 104–48, § 3(a)(5), added pars. (3) and (4). Subsec. (b)(5). Pub. L. 104–48, §§ 3(a)(3), (4), 4(b), designated provisions of subsec. (b) relating to Perishable Agricultural Commodities Act Fund as par. (5), inserted heading, realigned margins, and struck out “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.” after “fees deposited in such fund.” and “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 objections to such increase.” after “budget as submitted to the Congress annually.” Subsec. (c). Pub. L. 104–48, § 3(b)(3), inserted heading. 1990—Subsec. (b). Pub. L. 101–624 substituted “. Any reserve funds in the Perishable Agricultural Commodities Act Fund may be invested by the Secretary in insured or fully-collateralized interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. Any interest earned on such reserve funds shall be credited to the Perishable Agricultural Commodities Act Fund and shall be available for the same purposes as the fees deposited in such fund. The” for “: Provided, That the” and “. Financial” for “: Provided further, That financial”. 1988—Subsec. (b). Pub. L. 100–414 substituted “$400, plus $200” for “$300, plus $150” and “$4,000” for “$3,000”. 1981—Subsec. (b). Pub. L. 97–98 substituted “$300”, “$150”, and “$3,000” for “$150”, “$50”, and “$1,000”, respectively. 1978—Subsec. (b). Pub. L. 95–562 substituted “in such application and to be furnished thereafter” for “in such application” and “$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” for “$100”, and inserted provisions limiting the total annual fees for any applicant to an amount not to exceed $1,000 in the aggregate and limiting the amount of money in the special fund at the end of any fiscal year to an amount not to exceed 25 percent of the projected budget for the next following fiscal year. 1969—Subsec. (b). Pub. L. 91–107 increased limitation on fees from $50 to $100. 1962—Subsec. (b). Pub. L. 87–725, § 3, increased annual fee from a maximum of $25, to such fee as the Secretary determines necessary to meet the expenses of administering this chapter and the Act approved March 3, 1927, but not exceeding $50, directed the Secretary to give public notice of any increase in the annual fee and to allow reasonable time before the
Effective Date
of such increase for submission of views on, or objections to, such increase, and struck out references to the availability of the Perishable Agricultural Commodities Act Fund for administrative expenses of sections 581 to 589 of this title. Subsec. (c). Pub. L. 87–725, § 4, added subsec. (c). 1956—Subsec. (b). Act
July 30, 1956, increased fee from $15 annually to not more than $25 annually. 1950—Subsec. (b). Act
June 15, 1950, increased fee from $10 to $15 annually, provided for its disposition in fund, made fund available for administrative expenses, and provided for financial statements. 1937—Subsec. (a). Act Aug. 20, 1937, added second par.
Statutory Notes and Related Subsidiaries
Effective Date
of 1981 AmendmentAmendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an
Effective Date
note under section 4301 of this title.
Executive Documents
Transfer of Functions
Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of 1970 Reorg. Plan No. 2. section 102 of 1970 Reorg. Plan No. 2 redesignated Bureau of the Budget as Office of Management and Budget and offices of Director of Bureau of the Budget, Deputy Director of Bureau of the Budget, and Assistant Directors of Bureau of the Budget as Director of Office of Management and Budget, Deputy Director of Office of Management and Budget, and Assistant Directors of Office of Management and Budget, respectively. section 103 of 1970 Reorg. Plan No. 2 transferred all records, property, personnel, and funds of Bureau to Office of Management and Budget. See part I of Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees.
Reference
Citations & Metadata
Citation
7 U.S.C. § 499c
Title 7 — Agriculture
Last Updated
Apr 6, 2026
Release point: 119-73