§ 499d. Issuance of license

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1930

   Pub. L. 71–436 § 4 · 46 Stat. 531

   Enacted · 7 U.S.C. § 499d

   June 10, 1930, ch. 436, § 4, 46 Stat. 533

   Source evidence

   Code source credit
   June 10, 1930, ch. 436, § 4, 46 Stat. 533

   Enacted provision · exact public law section
   Sec. 4. (a) Whenever an applicant has paid the prescribed fee Issue and force of license. the Secretary, except as provided in subdivision (b) of this section, shall issue to such applicant a license, which shall entitle the licensee to do business as a commission merchant and/or dealer and/or broker unless and until it is suspended or revoked by the Secretary in accordance with the provisions of this Act, but said license shall automatically terminate unless the annual fee is paid within thirty days after notice has been mailed that payment is due. (b) The Secretary shall refuse to issue a license to an applicant Refusal of license. if after notice and hearing he finds (1) that the applicant has previously If applicant responsible for unlawful act revoking prior license. been responsible in whole or in part for any violation of the provisions of section 2 for which a license of the applicant, or the license of any partnership, association, or corporation in which the applicant held any office or, in the case of a partnership, had any share or interest, was revoked, or (2) in case the applicant is a partnership, If applicant a partnership, etc., and any member thereof responsible for unlawful act revoking former license. association, or corporation, that any individual holding any office or, in the case of a partnership, having any interest or share in the applicant, had previously been responsible in whole or in part for any violation of the provisions of section 2 for which the license of such individual, or of any partnership, association, or corporation in which such person held any office, or, in the case of a partnership, had any share or interest, was revoked. Notwithstanding the foregoing Waiver of revocations and issue of license if bond furnished. provisions, the Secretary, in the case of such applicant, may issue a license if the applicant furnishes a bond or other satisfactory assurance that his business will be conducted in accordance with the provisions of this Act, but such license shall not be issued before the expiration of one year from the date of such revocation.

2. 1934

   Public Law not identified

   Added · 7 U.S.C. § 499d(b)

   Subsec. (b). Act Apr. 13, 1934, § 4, among other changes, added cls. (3) and (4)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Apr. 13, 1934, § 4, among other changes, added cls. (3) and (4).

3. 1934

   Public Law not identified

   Added · 7 U.S.C. § 499d(c)(e)

   Subsecs. (c) to (e). Act Apr. 13, 1934, §§ 5–7, added subsecs. (c) to (e)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Act Apr. 13, 1934, §§ 5–7, added subsecs. (c) to (e).

4. 1936

   Public Law not identified

   Inserted · 7 U.S.C. § 499d(b)

   Subsec. (b). Act June 19, 1936, among other changes, inserted “if he finds” after “or (3)” and “or (5)” after “section 499b”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act June 19, 1936, among other changes, inserted “if he finds” after “or (3)” and “or (5)” after “section 499b”.

5. 1937

   Public Law not identified

   Inserted · 7 U.S.C. § 499d(a)

   Subsec. (a). Act Aug. 20, 1937, inserted first and second provisos

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 20, 1937, inserted first and second provisos.

6. 1937

   Public Law not identified

   Inserted · 7 U.S.C. § 499d(b)

   Subsec. (b). Act Aug. 20, 1937, among other changes, inserted “Such bond shall be in an amount sufficient in the judgment of the Secretary of Agriculture to insure payment of such reparation orders” at the end

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 20, 1937, among other changes, inserted “Such bond shall be in an amount sufficient in the judgment of the Secretary of Agriculture to insure payment of such reparation orders” at the end.

7. 1937

   Public Law not identified

   Amended · 7 U.S.C. § 499d(c); 7 U.S.C. § 499d(d)

   Subsecs. (c), (d). Act Aug. 20, 1937, amended subsecs. (c) and (d) generally

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Act Aug. 20, 1937, amended subsecs. (c) and (d) generally.

8. 1950

   Public Law not identified

   Changed · 7 U.S.C. § 499d(a)

   Subsec. (a). Act June 15, 1950, increased fee for late registration from $15 to $20, and provided for its disposition in the fund

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act June 15, 1950, increased fee for late registration from $15 to $20, and provided for its disposition in the fund.

9. 1956

   Public Law not identified

   Substituted · 7 U.S.C. § 499d(a)

   Subsec. (a). Act July 30, 1956, § 2(b), substituted “the fee provided in section 499c(b) of this title, plus $5” for “a fee of $20”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act July 30, 1956, § 2(b), substituted “the fee provided in section 499c(b) of this title, plus $5” for “a fee of $20”.

10. 1956

    Public Law not identified

    Changed · 7 U.S.C. § 499d(d)

    Subsec. (d). Act July 30, 1956, § 3, included within term “applicant” any general partner of a partnership, and officers or holders of more than 10 per centum of the stock of a corporation, and permitted the Secretary to refuse to issue a license to an applicant who was convicted of a felony in any State or Federal court

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (d). Act July 30, 1956, § 3, included within term “applicant” any general partner of a partnership, and officers or holders of more than 10 per centum of the stock of a corporation, and permitted the Secretary to refuse to issue a license to an applicant who was convicted of a felony in any State or Federal court.

11. 1956

    Public Law not identified

    Added · 7 U.S.C. § 499d(e)

    Subsec. (e). Act July 30, 1956, § 4, added subsec. (e)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (e). Act July 30, 1956, § 4, added subsec. (e).

12. 1962

    Pub. L. 87–725 § 5 · 76 Stat. 673

    Inserted · 7 U.S.C. § 499d(a)

    Pub. L. 87–725, § 5, inserted proviso that the license of any licensee shall terminate, if he, or in case the licensee is a partnership, any partner, is discharged as a bankrupt

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–725, § 5, inserted proviso that the license of any licensee shall terminate, if he, or in case the licensee is a partnership, any partner, is discharged as a bankrupt.

    Enacted provision · exact public law section
    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 further, 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”.

13. 1962

    Pub. L. 87–725 § 6 · 76 Stat. 673

    Amended · 7 U.S.C. § 499d(b)

    Pub. L. 87–725, § 6, amended subsection generally, and among other changes, required refusal of a license upon showing responsible connection by the applicant, or by any person responsibly connected with him, with a person guilty of the specified conduct, without requiring that the applicant was responsible in whole or in part for such conduct, and upon the grounds specified in clause (C) relating to being found guilty in a Federal court of having violated the provisions of sections 491, 493 to 497 of this title, provided that the provisions regarding flagrant or repeated violation of section 499b of this title shall not apply where the license in such case was suspended and the suspension period has expired or is not in effect, and eliminated provisions which, notwithstanding the grounds for refusal specified in the section, permitted the Secretary to issue a license upon the applicant furnishing a bond or other satisfactory assurance that his business would be conducted in accordance with this chapter, and that he would pay reparation orders previously issued against him or which could be issued against him within two years after receiving the license, but such license could not be issued until after the expiration of one year from the revocation or from the finding that the applicant was responsible, for any flagrant or repeated violation of section 499b of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 87–725, § 6, amended subsection generally, and among other changes, required refusal of a license upon showing responsible connection by the applicant, or by any person responsibly connected with him, with a person guilty of the specified conduct, without requiring that the applicant was responsible in whole or in part for such conduct, and upon the grounds specified in clause (C) relating to being found guilty in a Federal court of having violated the provisions of sections 491, 493 to 497 of this title, provided that the provisions regarding flagrant or repeated violation of section 499b of this title shall not apply where the license in such case was suspended and the suspension period has expired or is not in effect, and eliminated provisions which, notwithstanding the grounds for refusal specified in the section, permitted the Secretary to issue a license upon the applicant furnishing a bond or other satisfactory assurance that his business would be conducted in accordance with this chapter, and that he would pay reparation orders previously issued against him or which could be issued against him within two years after receiving the license, but such license could not be issued until after the expiration of one year from the revocation or from the finding that the applicant was responsible, for any flagrant or repeated violation of section 499b of this title.

    Enacted provision · exact public law section
    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 section 8 within two 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 7 USC 499b. 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 provisions 44 Stat. 1355. 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.”

14. 1962

    Pub. L. 87–725 § 7 · 76 Stat. 673

    Substituted · 7 U.S.C. § 499d(c)

    Pub. L. 87–725, § 7, substituted provisions which permit a license to be issued to an applicant ineligible under subsec. (b) of this section, upon expiration of the two year period applicable to him, if he furnishes a surety bond as assurance that his business will be conducted in accordance with this chapter and that he will pay all reparation orders issued against him in connection with transactions occurring within four years following issuance of license, subject to appeal under section 499g(c) of this title, or if no bond is given, permit issuance of the license after three years from the applicable order, or decision of the court on appeal, and which provide that if a bond is terminated without the Secretary’s approval, the license is automatically canceled and cannot be re-issued during the four year period without a new bond, that the Secretary may order an increase or a reduction in the bond, and that a licensee notified to increase the bond must do so in a reasonable time or his license will be suspended until such bond is provided, for provisions which required the Secretary to refuse a license to an applicant, or if the applicant was a partnership, or an association or a corporation, to a partner or officer or any person holding a responsible position therein, respectively, found within two years of being guilty of violating sections 491 to 497 or 499n(b) of this title

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–725, § 7, substituted provisions which permit a license to be issued to an applicant ineligible under subsec. (b) of this section, upon expiration of the two year period applicable to him, if he furnishes a surety bond as assurance that his business will be conducted in accordance with this chapter and that he will pay all reparation orders issued against him in connection with transactions occurring within four years following issuance of license, subject to appeal under section 499g(c) of this title, or if no bond is given, permit issuance of the license after three years from the applicable order, or decision of the court on appeal, and which provide that if a bond is terminated without the Secretary’s approval, the license is automatically canceled and cannot be re-issued during the four year period without a new bond, that the Secretary may order an increase or a reduction in the bond, and that a licensee notified to increase the bond must do so in a reasonable time or his license will be suspended until such bond is provided, for provisions which required the Secretary to refuse a license to an applicant, or if the applicant was a partnership, or an association or a corporation, to a partner or officer or any person holding a responsible position therein, respectively, found within two years of being guilty of violating sections 491 to 497 or 499n(b) of this title.

    Enacted provision · exact public law section
    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 provisions 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 may 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 shall not issue a license to him until three years have elapsed after the date of the applicable 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.”

15. 1978

    Pub. L. 95–598 § 303(a) · 92 Stat. 2549

    Inserted · 7 U.S.C. § 499d(a)

    Pub. L. 95–598, § 303(a), inserted “, unless the Secretary finds upon examination of the circumstances of such bankruptcy, which he shall examine if requested to do so by said licensee, that such circumstances do not warrant such termination”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–598, § 303(a), inserted “, unless the Secretary finds upon examination of the circumstances of such bankruptcy, which he shall examine if requested to do so by said licensee, that such circumstances do not warrant such termination”.

    Enacted provision · exact public law section
    (a) Subsection (a) of section 4 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499d(a)), is amended by inserting “, unless the Secretary finds upon examination of the circumstances of such bankruptcy, which he shall examine if requested to do so by said licensee, that such circumstances do not warrant such termination” immediately after “bankrupt”.

    Effective date note
    Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

16. 1978

    Pub. L. 95–598 § 303(b) · 92 Stat. 2549

    Inserted · 7 U.S.C. § 499d(e)

    Pub. L. 95–598, § 303(b), inserted “and if he finds that the circumstances of such bankruptcy warrant such a refusal,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 95–598, § 303(b), inserted “and if he finds that the circumstances of such bankruptcy warrant such a refusal,”.

    Enacted provision · exact public law section
    (b) Subsection (e) of section 4 of such Act (7 U.S.C. 499d(e)) is amended by inserting “and if he finds that the circumstances of such bankruptcy warrant such a refusal,” immediately after “corporation adjudicated or discharged as a bankrupt,”.

    Effective date note
    Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

17. 1991

    Pub. L. 102–237 title X § 1011(2) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 499d(a)

    Pub. L. 102–237 substituted “annual” for “anual” before “fee has been paid”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–237 substituted “annual” for “anual” before “fee has been paid”.

    Enacted provision · exact public law section
    SEC. 1011. PERISHABLE AGRICULTURAL COMMODITIES. The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a et seq.), is amended— (1) in the first section (7 U.S.C. 499a)— (A) by striking out “That when used in this Act—” and inserting the following:

18. 1995

    Pub. L. 104–48 · 109 Stat. 424

    1. Substituted · 7 U.S.C. § 499d(a)

       Pub. L. 104–48, §§ 4(c), 5(b), substituted “the anniversary date of the license at the end of the annual or multiyear period covered by the license fee unless the licensee submits the required renewal application and pays the applicable renewal fee (if such fee is required)” for “any anniversary date thereof unless the annual fee has been paid” in second proviso

    2. Substituted · 7 U.S.C. § 499d(a)

       Pub. L. 104–48, §§ 4(c), 5(b), substituted “the necessity of renewing the license and of paying the renewal fee (if such fee is required)” for “the necessity of paying the annual fee” in second proviso

    3. Substituted · 7 U.S.C. § 499d(a)

       Pub. L. 104–48, §§ 4(c), 5(b), substituted “renewal fee (if required)” for “annual fee” in second proviso

    4. Substituted · 7 U.S.C. § 499d(a)

       Pub. L. 104–48, §§ 4(c), 5(b), substituted “plus $50” for “plus $5” in second proviso

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–48, §§ 4(c), 5(b), substituted “the anniversary date of the license at the end of the annual or multiyear period covered by the license fee unless the licensee submits the required renewal application and pays the applicable renewal fee (if such fee is required)” for “any anniversary date thereof unless the annual fee has been paid” in provisions before first proviso, “the necessity of renewing the license and of paying the renewal fee (if such fee is required)” for “the necessity of paying the annual fee” in first proviso and “renewal fee (if required)” for “annual fee” and “plus $50” for “plus $5” in second proviso.

19. 1995

    Pub. L. 104–48 § 12(c)(1) · 109 Stat. 424

    Inserted · 7 U.S.C. § 499d(b)

    Pub. L. 104–48, § 12(c)(1), inserted “is prohibited from employment with a licensee under section 499h(b) of this title or” after “with the applicant,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–48, § 12(c)(1), inserted “is prohibited from employment with a licensee under section 499h(b) of this title or” after “with the applicant,” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (b), by inserting “is prohibited from employment with a licensee under section 8(b) or” after “with the applicant,” in the matter preceding subparagraph (A); and

20. 1995

    Pub. L. 104–48 § 12(c)(2) · 109 Stat. 424

    Inserted · 7 U.S.C. § 499d(c)

    Pub. L. 104–48, § 12(c)(2), inserted at end “The Secretary may not issue a license to an applicant under this subsection if the applicant or any person responsibly connected with the applicant is prohibited from employment with a licensee under section 499h(b) of this title.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–48, § 12(c)(2), inserted at end “The Secretary may not issue a license to an applicant under this subsection if the applicant or any person responsibly connected with the applicant is prohibited from employment with a licensee under section 499h(b) of this title.”

    Enacted provision · exact public law section
    (2) in subsection (c), by adding at the end the following new sentence: “The Secretary may not issue a license to an applicant under this subsection if the applicant or any person responsibly connected with the applicant is prohibited from employment with a licensee under section 8(b).”.

9 of 23 references resolved to an enrolled provision · 4 partial · 10 unresolved