with an order for the payment of money" after "does not". Subsec. (c). Act Aug. 20, 1937, inserted "together with a bond in double the amount of the reparation award conditioned upon the payment of the judgment entered by the court plus interest and costs, including a reasonable attorney's fee for the appellee, if the appellee shall prevail" after "upon adverse party" and deleted proviso in first sentence and "by registered mail" following "adverse party". Subsec. (d). Act Aug. 20, 1937, added the proviso. 1936-Subsec. (c). Act June 19, 1936, inserted proviso in first sentence and "by registered mail" following "adverse party". 1934-Subsec. (b). Act Apr. 13, 1934, § 11, added "The orders, writs and processes of the district courts may in these cases run, be served, and be returnable anywhere in the United States" after "in the premises". Subsecs. (c), (d). Act Apr. 13, 1934, §§ 12, 13, added subsecs. (c) and (d), respectively. ADMINISTRATIVE ORDERS REVIEW ACT Court of appeals exclusive jurisdiction respecting final orders of Secretary of Agriculture under this chapter, except orders issued under subsec. (a) of this section, see section 2342 of Title 28, Judiciary and Judicial Procedure. FEDERAL RULES OF CIVIL PROCEDURE Costs, see rules 54, 81, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Delegation of regulatory functions of Secretary of Agriculture, see section 450c of this title. Exclusive jurisdiction of courts of appeals to set aside orders of Secretary of Agriculture under this chapter except those orders issued under subsection (a) of this section, see section 2342 of Title 28, Judiciary and Judicial Procedure. Review of orders by courts of appeals, see section 2341 et seq. of Title 28. Venue of proceedings to set aside orders of Secretary of Agriculture under this chapter except subsec. (a) of this section, see section 2343 of Title 28. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 499d, 499h, 499m of this title; title 28 section 2342. § 499h. Grounds for suspension or revocation of li cense (a) Authority of Secretary Whenever (a) the Secretary determines, as provided in section 499f of this title, that any commission merchant, dealer, or broker has violated any of the provisions of section 499b of this title, or (b) any commission merchant, dealer, or broker has been found guilty in a Federal court of having violated section 499n(b) of this title, the Secretary may publish the facts and circumstances of such violation and/ or, by order, suspend the license of such offender for a period not to exceed ninety days, except that, if the violation is flagrant or repeated, the Secretary may, by order, revoke the license of the offender; (b) Unlawful employment of certain persons; restrictions; bond assuring compliance; approval of employment without bond; change in amount of bond; payment of increased amount; penalties Except with the approval of the Secretary, no licensee shall employ any person, or any person who is or has been responsibly connected with any person (1) whose license has been revoked or is currently suspended by order of the Secretary; (2) who has been found after notice and opportunity for hearing to have committed any flagrant or repeated violation of section 499b of this title, 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; or (3) against whom there is an unpaid reparation award issued within two years, subject to his right of appeal under section 499g(c) of this title. The Secretary may approve such employment at any time following nonpayment of a reparation award, or after one year following the revocation or finding of flagrant or repeated violation of section 499b of this title, if the licensee furnishes and maintains a surety bond in form and amount satisfactory to the Secretary as assurance that such licensee's business will be conducted in accordance with this chapter and that the licensee will pay all reparation awards, subject to its right of appeal under section 499g(c) of this title, which may be issued against it in connection with transactions occurring within four years following the approval. The Secretary may approve employment without a surety bond after the expiration of two years from the effective date of the applicable disciplinary order. The Secretary, based on changes in the nature and volume of business conducted by the licensee, may require an increase or authorize a reduction in the amount of the bond. A 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 if the licensee fails to do so the approval of employment shall automatically terminate. The Secretary may, after thirty days notice and an opportunity for a hearing, suspend or revoke the license of any licensee who, after the date given in such notice, continues to employ any person in violation of this section. (c) Fraud in procurement If, after a license shall have been issued to an applicant, the Secretary believes that the license was obtained through a false or misleading statement in the application therefor or through a misrepresentation, concealment, or withholding of facts respecting any violation of this chapter by any officer, agent, or employee, he may, after thirty days' notice and an opportunity for a hearing, revoke said license, whereupon no license shall be issued to said applicant or any applicant in which the person responsible for such false or misleading statement or misrepresentation, concealment, or withholding of facts is financially interested, except under the conditions set forth in section 499d(b) of this title. (d) Injunction In addition to being subject to the penalties provided by section 499c(a) of this title, any commission merchant, dealer, or broker who engages in or operates such business without a valid and effective license from the Secretary shall be liable to be proceeded against in any court of competent jurisdiction in a suit by the United States for an injunction to restrain such defendant from further continuing so to engage in or operate such business, and, if the court shall find that the defendant is continuing to engage in such business without a valid and effective license, the court shall issue an injunction to restrain such defendant from continuing to engage in or to operate such business without such license. (June 10, 1930, ch. 436, § 8, 46 Stat. 535; Apr. 13, 1934, ch. 120, § 14, 48 Stat. 588; Aug. 20, 1937, ch. 719, § 11, 50 Stat. 730; July 30, 1956, ch. 786, § 5, 70 Stat. 727; Oct. 1, 1962, Pub. L. 87-725, § 11, 76 Stat. 675.) CODIFICATION Section was formerly classified to section 558 of this title. AMENDMENTS 1962-Subsec. (b). Pub. L. 87-725 amended subsection generally, and among other changes, provided that any licensee hiring any person without the Secretary's approval in violation of this section, after notice and opportunity for hearing, may have his license suspended or revoked, that the restrictions shall apply to persons found, after notice and opportunity for hearing, to have committed any flagrant or repeated violation of section 499b of this title, but not where such violator's license was suspended and the suspension has expired or is not in effect, and shall also apply to persons against whom there is a unpaid reparation award issued within two years, subject to appeal under section 499g(c) of this title, permitted the Secretary to approve employment at any time following nonpayment of a reparation award, or after one year following the revocation or finding of flagrant and repeated violation of section 499b of this title, if the licensee furnishes a bond as assurance that his business will be conducted in accordance with this chapter and he will pay all reparation awards issued within four years following approval, subject to appeal under section 499g(c) of this title, or without bond after two years from the effective date of the disciplinary order, authorized the Secretary to increase or decrease the amount of bond, and required licensees notified of an increased bond to provide such in a reasonable time or the approval of employment will terminate. 1956-Subsec. (b). Act July 30, 1956, provided for suspension of licenses, and restricted authority to permit employment to those cases where licenses have been revoked or suspended for failure to pay a reparation award. 1937-Subsec. (a). Act Aug. 20, 1937, among other changes, subdivided subsection into paragraphs (a) and (b) and added "or (b) any commission merchant, dealer, or broker has been found guilty in a Federal court of having violated section 499n(b) of this title" after "section 499b of this title". Subsec. (b). Act Aug. 20, 1937, amended subsec. (b) generally. Subsecs. (c), (d). Act Aug. 20, 1937, added subsecs. (c) and (d). 1934-Subsec. (b). Act Apr. 13, 1934, added subsec. (b). CROSS REFERENCES Delegation of regulatory functions of Secretary of Agriculture, see section 450c of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 499d of this title. § 499i. Accounts, records, and memoranda; duty of licensees to keep; contents; suspension of license for violation of duty Every commission merchant, dealer, and broker shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or otherwise. If such accounts, records, and memoranda are not so kept, the Secretary may publish the facts and circumstances and/ or, by order, suspend the license of the offender for a period not to exceed ninety days. (June 10, 1930, ch. 436, § 9, 46 Stat. 535.) CODIFICATION Section was formerly classified to section 559 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 499m of this title. § 499j. Orders; effective date; continuance in force; suspension, modification and setting aside; penalty Any order of the Secretary under this chapter other than an order for the payment of money shall take effect within such reasonable time, not less than ten days, as is prescribed in the order, and shall continue in force until his further order, or for a specified period of time, accordingly as it is prescribed in the order, unless such order is suspended, modified, or set aside by the Secretary or is suspended, modified, or set aside by a court of competent jurisdiction. Any such order of the Secretary, if regularly made, shall be final, unless before the date prescribed for its taking effect application is made to a court of competent jurisdiction by the commission merchant, dealer, or broker against whom such order is directed to have such order set aside or its enforcement, operation, or execution suspended or restrained. (June 10, 1930, ch. 436, § 10, 46 Stat. 535.) CODIFICATION Section was formerly classified to section 560 of this title. CROSS REFERENCES Delegation of regulatory functions of Secretary of Agriculture, see section 450c of this title. Review of orders by courts of appeals, see section 2341 et seq. of Title 28, Judiciary and Judicial Procedure. § 499k. Injunctions; application of injunction laws governing orders of Interstate Commerce Commission For the purposes of this chapter the provisions of all laws relating to the suspending or restraining of the enforcement, operation, or execution, or the setting-aside, in whole or in part, of the orders of the Interstate Commerce Commission are made applicable to orders of the Secretary under this chapter and to any person subject to the provisions of this chapter. (June 10, 1930, ch. 436, § 11, 46 Stat. 535.) CODIFICATION Section was formerly classified to section 561 of this title. ADMINISTRATIVE ORDERS REVIEW ACT Court of appeals exclusive jurisdiction respecting final orders of Secretary of Agriculture under this chapter, except orders issued under section 499g(a) of this title, see section 2342 of Title 28, Judiciary and Judicial Procedure. FEDERAL RULES OF CIVIL PROCEDURE Process and stay of proceedings to enforce judgment, see rules 4 and 62, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Injunction by courts of appeals restraining orders, see section 2349 of Title 28, Judiciary and Judicial Procedure. Interstate Commerce Commission orders Enforcement and review, see sections 2321 to 2323, Jurisdiction, district courts, see section 1336 of Venue, district courts, see section 1398 of Title 28. § 4997. Violations; report to Attorney General; proceedings; costs The Secretary may report any violation of this chapter for which a civil penalty is provided to the Attorney General of the United States, who shall cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. The costs and expenses of such proceedings shall be paid out of the appropriation for the expenses of the courts of the United States. (June 10, 1930, ch. 436, § 12, 46 Stat. 536.) CODIFICATION Section was formerly classified to section 562 of this title. CROSS REFERENCES Exclusive jurisdiction of district courts of actions to recover penalties, see section 1355 of Title 28, Judiciary and Judicial Procedure. Venue of action for penalty, see section 1395 of Title 28. § 499m. Complaints; procedure, penalties, etc. (a) Investigation by Secretary of Agriculture; inspection of accounts, records, and memoranda; penalty for refusing inspection The Secretary or his duly authorized agents shall have the right to inspect such accounts, records, and memoranda of any commission merchant, dealer, or broker as may be material (1) in the investigation of complaints under this chapter, or (2) to the determination of ownership, control, packer, or State, country, or region of origin in connection with commodity inspections, or (3) to ascertain whether section 4991 of this title is being complied with, and if any such commission merchant, dealer, or broker refuses to permit such inspection, the Secretary may publish the facts and circumstances and/or, by order, suspend the license of the offender until permission to make such inspection is given. The Secretary or his duly authorized agents shall have the right to inspect any lot of any perishable agricultural commodity covered by this chapter, and if any commission merchant, dealer, or broker having ownership of or control over such lot fails or refuses to authorize or allow such inspection, the Secretary may, after thirty days' notice and an opportunity for a hearing, publish the facts and circumstances and/or, by order, suspend the license of the offender for a period not to exceed ninety days. (b) Inspection of records; surety bond; suspension of license The Secretary or the Secretary's duly authorized agents, in order to insure that the prompt payment provision of section 499b(4) of this title is being complied with, shall from time to time inspect the accounts, records, and memoranda of any commission merchant, dealer, or broker determined in a formal disciplinary proceeding under section 499f(b) of this title to have violated such provision. The Secretary may also require that any such commission merchant, dealer, or broker furnish, maintain, and from time to time adjust a surety bond in form and amount satisfactory to the Secretary as assurance that such commission merchant's, dealer's, or broker's business will be conducted in accordance with this chapter and that such commission merchant, dealer, or broker will pay all reparation awards, subject to its right of appeal under section 499g(c) of this title: Provided, That if such surety bond is furnished, maintained, and adjusted as required by the Secretary, the Secretary shall not thereafter inspect the accounts, records, and memoranda of such commission merchant, dealer, or broker under this subsection more than once a year. If any such commission merchant, dealer, or broker refuses to permit such inspection or fails or refuses to furnish, maintain, or adjust such surety bond, the Secretary may publish the facts and circumstances and, by order, suspend the license of the offender until permission to make such inspection is given or such surety bond is furnished, maintained, or adjusted. (c) Hearings; subpoenas; oaths; witnesses; evidence The Secretary, or any officer or employee designated by him for such purpose, may hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, receive evidence, and require by subpoena the attendance and testimony of witnesses and the production of such accounts, records, and memoranda as may be material for the determination of any complaint under this chapter. (d) Disobedience to subpoenas; remedy; contempt In case of disobedience to a subpoena, the Secretary or any of his examiners may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of accounts, records, and memoranda. Any district court of the United States within the jurisdiction of which any hearing is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring the person to appear before the Secretary or his examiner or to produce accounts, records, and memoranda if so ordered, or to give evidence touching any matter pertinent to any complaint; and any failure to obey such order of the court shall be punished by the court as a contempt thereof. (e) Depositions; production of accounts, records and memoranda The Secretary may order testimony to be taken by deposition in any proceeding or investigation or incident to any complaint pending under this chapter at any stage thereof. Such depositions may be taken before any person designated by the Secretary and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce accounts, records, and memoranda in the same manner as witnesses may be compelled to appear and testify and produce accounts, records, and memoranda before the Secretary or any of his examiners. (f) Fees and mileage of witnesses Witnesses summoned before the Secretary or any officer or employee designated by him shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts of the United States. (June 10, 1930, ch. 436, § 13, 46 Stat. 536; July 30, 1956, ch. 786, § 6, 70 Stat. 727; Oct. 15, 1970, Pub. L. 91-452, title II, § 205, 84 Stat. 928; Nov. 1, 1978, Pub. L. 95-562, § 3, 92 Stat. 2381.) CODIFICATION Section was formerly classified to section 563 of this title. AMENDMENTS 1978-Subsec. (b). Pub. L. 95-562 added subsec. (b) and redesignated former subsec. (b) as (c). Subsecs. (c) to (f). Pub. L. 95-562 redesignated former subsecs. (b) to (e) as (c) to (f). 1970-Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which related to the immunity from prosecution of any natural person compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination. 1956-Subsec. (a). Act July 30, 1956 permitted the inspection of accounts, records and memoranda to determine ownership, control, packer, or State, country, or region of origin in connection with commodity inspection, and to ascertain whether section 4991 of this title is being complied with, and to permit inspection of lots of perishable agricultural commodities. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on the sixtieth day following the date of enactment of Pub. L. 91-452, which was approved Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. FEDERAL RULES OF CIVIL PROCEDURE Subpoenas, see rule 45, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Fees of witnesses, see section 1821 of Title 28, Judiciary and Judicial Procedure. Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. § 499n. Inspection of perishable agricultural commodities (a) Employment of inspectors; fees and expenses; inspection certificate as evidence The Secretary is authorized, independently and in cooperation with other branches of the Government, State, or municipal agencies and/ or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, without regard to the filing of a complaint under this chapter, to any interested person the class, quality, and/ or condition of any lot of any perishable agricultural commodity when offered for interstate or foreign shipment or when received at places where the Secretary shall find it practicable to provide such service, under such rules and regulations as he may prescribe, including the payment of such fees and expenses as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That fees for inspections made by a licensed inspector, less the percentage thereof which he is allowed by the terms of his contract of employment with the Secretary as compensation for his services, shall be deposited into the Treasury of the United States as miscellaneous receipts; and fees for inspections made by an inspector acting under a cooperative agreement with a State, municipality, or other person shall be disposed of in accordance with the terms of such agreement: Provided further, That expenses for travel and subsistence incurred by inspectors shall be paid by the applicant for inspection to the United States Department of Agriculture to be credited to the appropriation for carrying out the purposes of this chapter: And provided further, That official inspection certificates for fresh fruits and vegetables issued by the Secretary of Agriculture pursuant to any law shall be received by all officers and all courts of the United States, in all proceedings under this chapter, and in all transactions upon contract markets under Commodities Exchange Act [7 U.S.C. 1 et seq.] as primafacie evidence of the truth of the statements therein contained; 5 'So in original. The semicolon probably should be a period. (b) Issuance of fraudulent certificates; penalties Whoever shall falsely make, issue, alter, forge, or counterfeit, or cause or procure to be falsely made, issued, altered, forged, or counterfeited or willingly aid, cause, procure or assist in, or be a party to the false making, issuing, altering, forging, or counterfeiting of any certificate of inspection issued under authority of this chapter, sections 491, 493 to 497 of this title, or any Act making appropriations for the Department of Agriculture; or shall utter or publish as true or cause to be uttered or published as true any such false, forged, altered, or counterfeited certificate for a fraudulent purpose, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 or by imprisonment for a period of not more than one year, or both, at the discretion of the court. (June 10, 1930, ch. 436, § 14, 46 Stat. 537; Apr. 13, 1934, ch. 120, § 15, 48 Stat. 588; Aug. 20, 1937, ch. 719, § 12, 50 Stat. 730.) REFERENCES IN TEXT The Commodities Exchange Act, referred to in subsec. (a), probably means act Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, known as the Commodity Exchange Act, which is classified generally to chapter 1 (§ 1 et seq.) of this title. For complete classification of this Act to the Code, see section 1 of this title and Tables. CODIFICATION Section was formerly classified to section 564 of this title. AMENDMENTS 1937-Subsec. (a). Act Aug. 20, 1937 designated existing provisions as subsec. (a) and, among other changes inserted "That official inspection certificates for fresh fruits and vegetables issued by the Secretary of Agriculture pursuant to any law shall be received by all officers and all courts of the United States, in all proceedings under this chapter, and in all transactions upon contract markets under Commodities Exchange Act" before "as prima facie" in the third proviso. Subsec. (b). Act Aug. 20, 1937 added subsec. (b). 1934-Act Apr. 13, 1934 inserted "and in all proceedings under this chapter" after "United States" in the third proviso. FEDERAL RULES OF CIVIL PROCEDURE Subpoenas, see rule 45, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Fees of witnesses, see section 1821 of Title 28, Judiciary and Judicial Procedure. Investigation and certification of condition of agricultural products shipped in interstate commerce, see section 1622 of this title. Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 499h of this title; title 42 section 418. § 4990. Rules, regulations, and orders; appointment, removal, and compensation of officers and employees; expenditures; authorization of appropriations; abrogation of inconsistent statutes The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter, and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, lawbooks, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses, including reporting services, as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, from the Perishable Agricultural Commodities Act fund provided for by section 499c(b) of this title and any supplements to such fund, and as may be appropriated for by Congress; and there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purposes. This chapter shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects of this chapter; but it is intended that all such statutes shall remain in full force and effect except insofar only as they are inconsistent herewith or repugnant hereto. (June 10, 1930, ch. 436, § 15, 46 Stat. 537; June 15, 1950, ch. 254, § 3, 64 Stat. 218.) CODIFICATION Section was formerly classified to section 565 of this title. AMENDMENTS 1950-Act June 15, 1950, provided for the payment of administrative costs out of the fund and any supplements thereto as well as by Congressional appropriations. CROSS REFERENCES Delegation of regulatory functions of Secretary of Agriculture, see section 450c of this title. § 499p. Liability of licensees for acts and omissions of agents In construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed by any commission merchant, dealer, or broker, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure of such commission merchant, dealer, or broker as that of such agent, officer, or other person. (June 10, 1930, ch. 436, § 16, 46 Stat. 538.) CODIFICATION Section was formerly classified to section 566 of this title. § 499q. Separability of provisions If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such pro |