Summary: H.R.1103 — 104th Congress (1995-1996)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (07/28/1995)

Perishable Agricultural Commodities Act Amendments of 1995 - Amends the Perishable Agricultural Commodities Act, 1930 to define "retailer" and "grocery wholesaler."

(Sec. 3) Eliminates annual license fees for retailers and grocery wholesaler-dealers over a three-year phase in period. Requires a one-time fee for new retailers and grocery wholesalers after such period.

(Sec. 4) Increases license fee ceilings. Authorizes: (1) license issuances for more than one year; and (2) administrative license fee adjustments. Repeals the current reserve funds cap.

(Sec. 5) Increases: (1) penalties for operating without a license; and (2) late renewal fees.

(Sec. 6) Revises provisions regarding the statutory trust on commodities and sale proceeds, including: (1) elimination of certain Department of Agriculture (Department) reporting requirements; and (2) creation of an additional method of licensee trust formation through ordinary billing practices.

(Sec. 7) Revises Department investigatory requirements.

(Sec. 8) Establishes filing and handling fees for reparation complaints.

(Sec. 9) Defines "collateral fees and expenses."

(Sec. 10) States that persons other than the first licensee shall not be liable for misbranded commodities unless they had knowledge of, or had the ability to correct, the violation.

(Sec. 11) Authorizes imposition of a civil monetary penalty in lieu of license suspension or revocation for violations of unfair conduct or employment provisions.

(Sec. 12) Authorizes an extension of the employment sanction for a person who is illegally working while under such a sanction.