§ 499f. Complaints, written notifications, and investigations

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 § 6 · 46 Stat. 531

   Enacted · 7 U.S.C. § 499f

   June 10, 1930, ch. 436, § 6, 46 Stat. 534

   Source evidence

   Code source credit
   June 10, 1930, ch. 436, § 6, 46 Stat. 534

   Enacted provision · exact public law section
   Sec. 6. complaint and investigation (a) Any person complaining of any violation of any provision of section 2 by any commission merchant, dealer, or broker may, at any time within nine months after the cause of action accrues, apply to the Secretary by petition, which shall briefly state the facts, whereupon, if, in the opinion of the Secretary, the facts therein Copy to dealer, etc. contained warrant such action, a copy of the complaint thus made shall be forwarded by the Secretary to the commission merchant, dealer, or broker, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be prescribed by the Secretary. (b) Any officer or agency of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory and any employee of the United States Department of Agriculture or any interested person, may file, in accordance with rules and regulations of the Secretary a complaint of any violation of any provision of section 2 by any commission merchant, dealer, or broker, and may request an investigation of such complaint by the Secretary. (c) If there appear to be, in the opinion of the Secretary, any reasonable grounds for investigating any complaint made under this section, the Secretary shall investigate such complaint and may, if in his opinion the facts warrant such action, have said complaint served by registered mail or otherwise on the person concerned and Hearing. afford such person an opportunity for a hearing thereon before a duly authorized examiner of the Secretary in any place in which the said person is engaged in business. (d) After an opportunity for a hearing on a complaint the Secretary shall determine whether or not the commission merchant, dealer, or broker has violated any provision of section 2. (e) In case complaint is made by a nonresident of the United States before any action is taken thereon, that the complainant Bond required. shall be required to furnish a bond of double the amount of the claim, the bond to be conditioned upon the payment of costs, including attorney’s fees of respondents, in case of failure to sustain the case.

2. 1934

   Public Law not identified

   Inserted · 7 U.S.C. § 499f(c)

   Subsec. (c). Act Apr. 13, 1934, § 8, inserted proviso

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

   Source evidence

   Code amendment note
   Subsec. (c). Act Apr. 13, 1934, § 8, inserted proviso.

3. 1934

   Public Law not identified

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

      Subsec. (d). Act Apr. 13, 1934, § 9, substituted “complaints” for “a complaint” after “on”

   2. Inserted · 7 U.S.C. § 499f(d)

      Subsec. (d). Act Apr. 13, 1934, § 9, inserted “where damages claimed do not exceed the sum of $500 not requiring hearing as provided herein” after “complaints”

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

   Source evidence

   Code amendment note
   Subsec. (d). Act Apr. 13, 1934, § 9, substituted “complaints” for “a complaint” after “on” and inserted “where damages claimed do not exceed the sum of $500 not requiring hearing as provided herein” after “complaints”.

4. 1934

   Public Law not identified

   Inserted · 7 U.S.C. § 499f(e)

   Subsec. (e). Act Apr. 13, 1934, § 10, among other changes, inserted “formal” before “action”

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

   Source evidence

   Code amendment note
   Subsec. (e). Act Apr. 13, 1934, § 10, among other changes, inserted “formal” before “action”.

5. 1937

   Public Law not identified

   Substituted · 7 U.S.C. § 499f(b)

   Subsec. (b). Act Aug. 20, 1937, § 8, substituted “section 499b of this title” for “this chapter”

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

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 20, 1937, § 8, substituted “section 499b of this title” for “this chapter”.

6. 1937

   Public Law not identified

   Inserted · 7 U.S.C. § 499f(e)

   Subsec. (e). Act Aug. 20, 1937, § 9, inserted “and any reparation award that may be issued by the Secretary of Agriculture against the complainant on any counter claim by respondent” and proviso

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

   Source evidence

   Code amendment note
   Subsec. (e). Act Aug. 20, 1937, § 9, inserted “and any reparation award that may be issued by the Secretary of Agriculture against the complainant on any counter claim by respondent” and proviso.

7. 1960

   Pub. L. 86–507 § 1(4) · 74 Stat. 200

   Inserted · 7 U.S.C. § 499f(c)

   Pub. L. 86–507 inserted “or by certified mail” after “registered mail”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 86–507 inserted “or by certified mail” after “registered mail”.

   Enacted provision · exact public law section
   (1) section 12(b) of the Act of August 2, 1939, as added by section 4 of the Act of July 19, 1940 (54 Stat. 767; 5 U.S.C. 118k), is amended by inserting “or by certified mail” immediately following the words “registered mail” wherever such words appear therein.

8. 1962

   Pub. L. 87–725 § 8 · 76 Stat. 673

   Substituted · 7 U.S.C. § 499f(c)

   Pub. L. 87–725 substituted “$1,500” for “$500”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 87–725 substituted “$1,500” for “$500”.

   Enacted provision · exact public law section
   Sec. 8. Subsections (c) and (d) of section 6 of such Act (7 U.S.C. 499f) are amended by striking out “$500” each place it appears and 74 Stat. 200; 48 Stat. 587. inserting in lieu thereof “$1,500”.

9. 1962

   Pub. L. 87–725 § 8 · 76 Stat. 673

   Substituted · 7 U.S.C. § 499f(d)

   Pub. L. 87–725 substituted “$1,500” for “$500” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 87–725 substituted “$1,500” for “$500” wherever appearing.

   Enacted provision · exact public law section
   Sec. 8. Subsections (c) and (d) of section 6 of such Act (7 U.S.C. 499f) are amended by striking out “$500” each place it appears and 74 Stat. 200; 48 Stat. 587. inserting in lieu thereof “$1,500”.

10. 1972

    Pub. L. 92–231 § 1 · 86 Stat. 38

    Substituted · 7 U.S.C. § 499f(c)

    Pub. L. 92–231 substituted “$3,000” for “$1,500”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 92–231 substituted “$3,000” for “$1,500”.

11. 1972

    Pub. L. 92–231 § 1 · 86 Stat. 38

    Substituted · 7 U.S.C. § 499f(d)

    Pub. L. 92–231 substituted “$3,000” for “$1,500” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 92–231 substituted “$3,000” for “$1,500” wherever appearing.

12. 1981

    Agriculture and Food Act of 1981

    Pub. L. 97–98 title XI § 1115(c) · 95 Stat. 1213

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

    Pub. L. 97–98 substituted “$15,000” for “$3,000”

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 97–98 substituted “$15,000” for “$3,000”.

    Enacted provision · exact public law section
    (c) Sections 6(c) and 6(d) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f (c) and (d)), are amended by striking out “$3,000” wherever it appears and inserting in lieu thereof “$15,000”.

13. 1982

    Pub. L. 97–352 § 2 · 96 Stat. 1667

    Inserted · 7 U.S.C. § 499f(e)

    Pub. L. 97–352 inserted “or by a resident of the United States to whom the claim of a nonresident of the United States has been assigned,” after “In case a complaint is made by a nonresident of the United States,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–352 inserted “or by a resident of the United States to whom the claim of a nonresident of the United States has been assigned,” after “In case a complaint is made by a nonresident of the United States,”.

    Enacted provision · exact public law section
    Sec. 2. Section 6(e) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f(e)), is amended by inserting “or by a resident of the United States to whom the claim of a nonresident of the United States has been assigned,” after “nonresident of the United States,”.

    Effective date note
    Pub. L. 97–352, § 3, Oct. 18, 1982, 96 Stat. 1667, provided that: “The amendment made by section 2 [amending this section] shall not apply with respect to complaints made under section 6(e) of the Perishable Agricultural Commodities Act, 1930 [7 U.S.C. 499f(e)], before the date of enactment of this Act [Oct. 18, 1982].”

14. 1991

    Pub. L. 102–237 title X § 1011(4) · 105 Stat. 1818

    1. Inserted · 7 U.S.C. § 499f(c); 7 U.S.C. § 499f(d)

       Pub. L. 102–237 inserted a period at end of subsec. (c)

    2. Substituted · 7 U.S.C. § 499f(c); 7 U.S.C. § 499f(d)

       Pub. L. 102–237 substituted a period for semicolon at end of subsec. (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 102–237 inserted a period at end of subsec. (c) and substituted a period for semicolon at end of subsec. (d).

    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:

15. 1995

    Pub. L. 104–48 § 7(d)(1) · 109 Stat. 424

    Substituted · 7 U.S.C. § 499f

    Pub. L. 104–48, § 7(d)(1), substituted “Complaints, written notifications, and investigations” for “Complaint and investigation” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–48, § 7(d)(1), substituted “Complaints, written notifications, and investigations” for “Complaint and investigation” in section catchline.

    Enacted provision · exact public law section
    (1) by striking the section heading and “Sec. 6.” and inserting the following: “SEC. 6. COMPLAINTS, WRITTEN NOTIFICATIONS, AND INVESTIGATIONS.”;

16. 1995

    Pub. L. 104–48 § 8(a) · 109 Stat. 424

    1. Inserted · 7 U.S.C. § 499f(a)

       Pub. L. 104–48, § 8(a), inserted subsec. heading

    2. Amended · 7 U.S.C. § 499f(a)

       Pub. L. 104–48, § 8(a), designated existing provisions as par. (1)

    3. Inserted · 7 U.S.C. § 499f(a)

       Pub. L. 104–48, § 8(a), inserted par. (1) heading

    4. Added · 7 U.S.C. § 499f(a)

       Pub. L. 104–48, § 8(a), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–48, § 8(a), inserted subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2).

    Enacted provision · exact public law section
    (a) Permanent Filing and Handling Fees.— Section 6(a) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f(a)), is amended— (1) by striking “(a)” and inserting the following: “(a) Reparation Complaints.— “(1) Petition; process.—”; and (2) by adding at the end the following new paragraph: “(2) Filing and handling fees.— A person submitting a petition to the Secretary under paragraph (1) shall include a filing fee of $60 per petition. If the Secretary determines under paragraph (1) that the facts contained in the petition warrant further action, the person or persons submitting the petition shall submit to the Secretary a handling fee of $300. The Secretary may not forward a copy of the complaint to the commission merchant, dealer, or broker involved until after the Secretary receives the required handling fee. The Secretary shall deposit fees submitted under this paragraph into the Perishable Agricultural Commodities Act Fund provided for by section 3(b). The Secretary may alter the fees specified in this paragraph by rulemaking under section 553 of title 5, United States Code.”.

17. 1995

    Pub. L. 104–48 § 7(a) · 109 Stat. 424

    1. Inserted · 7 U.S.C. § 499f(b)

       Pub. L. 104–48, § 7(a), inserted heading

    2. Amended · 7 U.S.C. § 499f(b)

       Pub. L. 104–48, § 7(a), amended text generally. Prior to amendment, text read as follows: “Any officer or agency of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory and any employee of the United States Department of Agriculture or any interested person may file, in accordance with rules and regulations of the Secretary, a complaint of any violation of any provision of this chapter by any commission merchant, dealer, or broker and may request an investigation of such complaint by the Secretary.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–48, § 7(a), inserted heading and amended text generally. Prior to amendment, text read as follows: “Any officer or agency of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory and any employee of the United States Department of Agriculture or any interested person may file, in accordance with rules and regulations of the Secretary, a complaint of any violation of any provision of this chapter by any commission merchant, dealer, or broker and may request an investigation of such complaint by the Secretary.”

    Enacted provision · exact public law section
    (a) Disciplinary Violations.— Subsection (b) of section 6 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f), is amended to read as follows: “(b) Disciplinary Violations.— Any officer or agency of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory and any other interested person (other than an employee of an agency of the Department of Agriculture administering this Act) may file, in accordance with rules prescribed by the Secretary, a written notification of any alleged violation of this Act by any commission merchant, dealer, or broker. In addition, any official certificates of the United States Government or States or Territories of the United States and trust notices filed pursuant to section 5 shall constitute written notification for the purposes of conducting an investigation under subsection (c). The identity of any person filing a written notification under this subsection shall be considered to be confidential information. The identity of such person, and any portion of the notification to the extent that it would indicate the identity of such person, are specifically exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), as provided in subsection (b)(3) of such section.”.

18. 1995

    Pub. L. 104–48 § 7(b) · 109 Stat. 424

    1. Inserted · 7 U.S.C. § 499f(c)

       Pub. L. 104–48, § 7(b), inserted heading

    2. Amended · 7 U.S.C. § 499f(c)

       Pub. L. 104–48, § 7(b), amended text generally. Prior to amendment, text read as follows: “If there appear to be, in the opinion of the Secretary, any reasonable grounds for investigating any complaint made under this section, the Secretary shall investigate such complaint and may, if in his opinion the facts warrant such action, have said complaint served by registered mail or by certified mail or otherwise on the person concerned and afford such person an opportunity for a hearing thereon before a duly authorized examiner of the Secretary in any place in which the said person is engaged in business: Provided, That in complaints wherein the amount claimed as damages does not exceed the sum of $15,000, a hearing need not be held and proof in support of the complaint and in support of respondent’s answer may be supplied in the form of depositions or verified statements of fact.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–48, § 7(b), inserted heading and amended text generally. Prior to amendment, text read as follows: “If there appear to be, in the opinion of the Secretary, any reasonable grounds for investigating any complaint made under this section, the Secretary shall investigate such complaint and may, if in his opinion the facts warrant such action, have said complaint served by registered mail or by certified mail or otherwise on the person concerned and afford such person an opportunity for a hearing thereon before a duly authorized examiner of the Secretary in any place in which the said person is engaged in business: Provided, That in complaints wherein the amount claimed as damages does not exceed the sum of $15,000, a hearing need not be held and proof in support of the complaint and in support of respondent’s answer may be supplied in the form of depositions or verified statements of fact.”

    Enacted provision · exact public law section
    (b) Grounds and Process of Investigations.— Subsection (c) of such section is amended to read as follows: “(c) Investigation of Complaints and Notifications.— “(1) Commencing or expanding an investigation.— If there appears to be, in the opinion of the Secretary, reasonable grounds for investigating a complaint made under subsection (a) or a written notification made under subsection (b), the Secretary shall investigate such complaint or notification. In the course of the investigation, if the Secretary determines that violations of this Act are indicated other than the alleged violations specified in the complaint or notification that served as the basis for the investigation, the Secretary may expand the investigation to include such additional violations. “(2) Issuance of complaint by secretary; process.— In the opinion of the Secretary, if an investigation under this subsection substantiates the existence of violations of this Act, the Secretary may cause a complaint to be issued. The Secretary shall have the complaint served by registered mail or certified mail or otherwise on the person concerned and afford such person an opportunity for a hearing thereon before a duly authorized examiner of the Secretary in any place in which the subject of the complaint is engaged in business. However, in complaints wherein the amount claimed as damages does not exceed $30,000, a hearing need not be held and proof in support of the complaint and in support of respondent’s answer may be supplied in the form of depositions or verified statements of fact. “(3) Special notification requirements for certain investigations.— Whenever the Secretary initiates an investigation on the basis of a written notification made under subsection (b) or expands such an investigation, the Secretary shall promptly notify the subject of the investigation of the existence of the investigation and the nature of the alleged violations of this Act to be investigated. Not later than 180 days after providing the initial notification, the Secretary shall provide the subject of the investigation with notice of the status of the investigation, including whether the Secretary intends to issue a complaint under paragraph (2), terminate the investigation, or continue or expand the investigation. The Secretary shall provide additional status reports at the request of the subject of the investigation and shall promptly notify the subject of the investigation whenever the Secretary terminates the investigation.”.

19. 1995

    Pub. L. 104–48 § 7(c) · 109 Stat. 424

    1. Inserted · 7 U.S.C. § 499f(d)

       Pub. L. 104–48, § 7(c), (d)(2), inserted heading

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

       Pub. L. 104–48, § 7(c), (d)(2), substituted “$30,000” for “$15,000” in two places in text

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–48, § 7(c), (d)(2), inserted heading and substituted “$30,000” for “$15,000” in two places in text.

    Enacted provision · exact public law section
    (c) Increase in Threshold for Shortened Procedure Cases.— Subsection (d) of such section is amended by striking “$15,000” both places it appears and inserting “$30,000”.

20. 1995

    Pub. L. 104–48 § 7(d)(3) · 109 Stat. 424

    Inserted · 7 U.S.C. § 499f(e)

    Pub. L. 104–48, § 7(d)(3), inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–48, § 7(d)(3), inserted heading.

    Enacted provision · exact public law section
    (3) in subsection (e), by inserting “Bond Required for Certain Complaints.—” after “(e)”.

20 of 28 references resolved to an enrolled provision · 2 partial · 6 unresolved