Title 7--AGRICULTURE
Chapter


distinct geographic area. (a) Scope: This section provides for the payment of fees and the investigation of allegations of misrepresentation or misbranding in which...


the Act, means: (1) Any written statement reporting or complaining of a PACA violation(s) filed by any officer or agency of any State or Territory having jurisdiction...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR47.1] [Page 293] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 47--RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT--Table of Contents Sec. 47.1 Meaning of words. Words in the regulations in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. ...


force and effect. Unless otherwise defined, the following terms whether used in the regulations in this part, in the Act, or in the trade shall be construed as follows: ...


of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory, and any employee of the...


the rules in this part to be filed with the Fruit and Vegetable Programs shall be served on the parties by the Fruit and Vegetable Programs, and copies of all documents or...


filing and disposition of formal complaints in reparation proceedings. Sections 47.47 through 47.68 shall be applicable to the proceedings for determining whether a person...


an amicable or informal settlement, the person who filed the informal complaint may, if further proceedings are desired, file a formal complaint with the Fruit and...


Fruit and Vegetable Programs shall serve upon each of the parties a copy of the report made by the Fruit and Vegetable Programs in connection with its investigation of...


requested and granted, the respondent may file with the Fruit and Vegetable Programs, an answer, in triplicate, signed by the respondent or his attorney. A copy of the...


days after service of the answer, may file a reply [[Page 299]] with the Fruit and Vegetable Programs. A copy of the reply shall be served upon the respondent by...


the answer or reply, the Fruit and Vegetable Programs shall transmit all of the papers which have been filed in the proceeding to the Hearing Clerk, who shall assign a...


the proceeding, or (2) is related within the third degree by blood or marriage to any of the persons involved in the proceeding shall serve as examiner in such proceeding. ...


consideration, the Secretary or the examiner as defined in Sec. 47.2(i)(1) may, upon petition in writing and for good cause show, permit any person to intervene therein....


Hearing Clerk shall be filed with the Hearing Clerk, except that those made during an oral hearing may be stated orally and made a part of the transcript or recording. (2)...


examiner, at any time prior to or during the course of the oral hearing, may request the parties or their counsel to appear at a conference before the examiner to consider: ...


complaint or in the counterclaim, does not exceed $30,000 (excluding interest), an oral hearing shall not be held, unless deemed necessary or desirable by the Fruit and...


defined in Sec. 47.2(i)(1) may, except as provided in paragraph (b) of this section, at any time after the filing of the moving papers, order, over the facsimile signature...


in the United States on behalf of any party to the proceeding may, by subpoena, be required at any designated place of hearing or at any designated place for the taking of...


taken, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and persons taking depositions shall be entitled to the same fees...


of the transcript or recording, the examiner shall prepare his or her certificate stating that, to the best of his or her knowledge and belief, the transcript or...


as provided in paragraph (b) of this section, take the place and serve in lieu of the oral hearing procedure hereinbefore provided. Under the documentary procedure,...


Secretary the record of the proceeding. Such record shall include: The pleadings; motions and requests filed, and rulings thereon; the report of investigation conducted by the...


(b) Briefs. The Secretary will consider any proposed findings of fact, conclusions, and orders, statements of objections, and briefs filed as provided in Sec....


basis of and after due consideration of the record, shall issue his or her order in the proceeding. Unless the Secretary disagrees with the order as drafted for his or...


reargue, and reconsider. A petition for rehearing or reargument of the proceeding, or for reconsideration of the order, shall be made by petition to the Secretary filed with...


copies. Except as is provided otherwise herein, all documents or papers required or authorized by these rules to be filed with the Hearing Clerk shall be filed in triplicate:...


When the Secretary so acts, the Hearing Clerk shall transmit the record to the Secretary at the expiration of the period provided for the filing of proposed findings...


applicable to proceedings under Sec. Sec. 47.47 through 47.49. (a) Chief means the Chief of the PACA Branch, or any officer or employee to whom authority has...


the Perishable Agricultural Commodities Act of 1930, as amended, or with persons whose license issued under the act has been suspended, revoked, or terminated or...


a licensee whose license is subject to suspension, revocation, or termination or which is subject to having the facts and circumstances of violations of the act published....


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR48.1] [Page 312] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 48--REGULATIONS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT--Table of Contents Sec. 48.1 Meaning of words. Words in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. ...


follows: (a) Act means ``An act to prevent the destruction or dumping, without good and sufficient cause therefor, of farm produce received in interstate commerce by...


such duties as the Secretary or the Deputy Administrator may require in enforcing the provisions of the Act and the regulations issued thereunder. ...


for or on behalf of another who, without good and sufficient cause, shall destroy or abandon, discard as refuse, or dump any produce, directly or indirectly or through...


Columbia for or on behalf of another shall be considered to have violated the Act if, knowingly and with intent to defraud, he makes any false report or statement to the person...


or on behalf of another shall be considered to have violated the Act if, knowingly and with intent to defraud, he fails truly and correctly to account to the person from...


Columbia, having reason to destroy, abandon, discard as refuse or dump such produce, should, prior to such destroying, abandoning, discarding or dumping, obtain a...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR48.8] [Page 314] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 48--REGULATIONS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT--Table of Contents Sec. 48.8 Filing of complaints. Any person having reason to believe that the Act or the regulations in this part have been violated should submit promptly all available facts with respect thereto to the Director for investigation and appropriate action. ...


Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes set forth in Sec. Sec. 1.130 through 1.151 of this title are rules of...


or any employee of the Division to whom authority to act in his or her stead is delegated. Division. The Division of the Agricultural Marketing Service, United...


withdraw grading or inspection service from a person for correctable cause. The grading or inspection service withdrawn, after appropriate corrective action is taken, will...


any situation in which the integrity of grading or inspection service would be jeopardized if the [[Page 315]] grading or inspection service were continued pending...


requirements in the regulations of this subpart shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to products covered in the regulations...


this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. For the purposes of the regulations in this part,...


identifications and devices for purposes of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by...


be inspected at appropriate points indicated in paragraphs (a), (b), and (c) of this section whenever inspectors are available. (a) Shipping points. Inspection service...


inspection service may be made by any interested party including, but not limited to, the United States and any instrumentality or agency thereof, any State,...


service may be filed in an office of inspection at any market referred to in Sec. 51.4 (b), (c), or (d) or with any inspector. It may be made in writing, orally, by...


service shall state (a) the name and address of the applicant and the name and capacity of the person, if any, making the application in his behalf; (b) the name and...


regarded as filed only when made at the office of inspection nearest the place where the commodity is located. A record showing the date and time of filing shall be made and kept...


be rejected by the inspector in charge of the appropriate office of inspection if the applicant objects to the inspector cutting an adequate number of specimens to determine...


be withdrawn by the applicant at any time before the inspection is performed: Provided, That the applicant shall pay any travel expenses, telephone, telegraph, or...


interest of an applicant in the product involved, or of the authority of any person applying for inspection in behalf of another may be required, at the discretion of...


cause the products for which inspection is requested to be made reasonably accessible for sampling or inspection and to be so placed as to disclose their quality or condition....


for quality and/or condition shall be based upon the appropriate standards promulgated by the U.S. Department of Agriculture, applicable standards prescribed by the...


be performed, insofar as practicable, in the order of which applications are received, except that precedence shall be given (a) to the inspection of lots involved...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR51.15] [Page 332] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 51--FRESH FRUITS, VEGETABLES AND OTHER Subpart--Regulations \1 --------------------------------------------------------------------------- Sec. 51.15 Financial interest of inspector. No inspector shall inspect any product in which he is directly or indirectly financially interested. ...


has reason to believe that, because of latent defects due to climatic or other conditions, he is unable to determine the true quality or condition of the product, he...


by any duly authorized inspector and delivered, or shipped, for analysis and certification to the nearest designated market or to such market as shall be directed by...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR51.18] [Page 333] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 51--FRESH FRUITS, VEGETABLES AND OTHER Subpart--Regulations \1 --------------------------------------------------------------------------- Sec. 51.18 Certificate forms. Certificates shall be issued on forms approved by the Administrator. ...


shall be issued for each lot inspected, except that when an application covers more than one lot a single certificate may be issued to cover all such lots. The person...


certificate may be issued by the inspector who issued the original certificate after distribution of a certificate if errors, such as incorrect dates, grade...


(a) The original certificate, and not to exceed four copies (if requested by applicant prior to issuance), shall be delivered or mailed promptly to the applicant or to a...


take samples of the product to the inspection office for further examination, the inspector, after completion of inspection of such samples shall dispose of them or any usable...


Upon request of an applicant, all or any part of the contents of a certificate covering an inspection requested by him may be telegraphed or telephoned to him, or...


application for appeal inspection may be made by any financially interested person who is dissatisfied with the results of an inspection as stated in an inspection certificate, if...


An appeal inspection may be obtained by the applicant, or other person financially interested in the product, by filing a request (a) with the Inspection...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR51.26] [Page 334] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 51--FRESH FRUITS, VEGETABLES AND OTHER Subpart--Regulations \1 --------------------------------------------------------------------------- Sec. 51.26 Record of filing time. A record showing the date and time of filing an application for appeal inspection shall be made promptly by the receiving office. ...


An application for an appeal inspection may be refused if: (a) The reasons for the appeal inspection are frivolous or not substantial; (b) the quality or condition of the product...


An application for appeal inspection may be withdrawn by the applicant at any time before the appeal inspection is performed: Provided, That the applicant shall...


made, as soon as practicable, following the time requested by the applicant and in the order in which applications are received. They shall take precedence over all...


shall be performed by an inspector or inspectors authorized for this purpose by the Administrator and whenever practical, such appeal inspections shall be made by...


has been completed, an appeal inspection certificate shall be issued showing the results of such appeal inspection; and such certificate shall supersede the...


a cooperative Federal-State Inspection Agency and possess adequate qualifications, as determined by such examinations as the Administrator may consider to be appropriate, may...


Application to become a licensed inspector shall be made to the Administrator on forms furnished for that purpose. Each such application shall be filled in and signed by...


Pending final action by the Secretary, the Administrator may, whenever he deems such action necessary, suspend the license of any licensed inspector issued pursuant...


services as a licensed inspector, or suspension or revocation of his license, a licensee shall surrender his license immediately to the office of inspection serving the area...


issued pursuant to the regulations in this subpart shall expire on December 31 of each year in which it is issued. The license of an inspector may be renewed by...


carlot of product inspected, a fee or rate determined in accordance with Sec. Sec. 51.38 and 51.39, and expenses determined in accordance with Sec. 51.40, shall be paid by...


of product unloaded directly from land or air transportation, the charges shall be determined on the following basis: (1) For products in quantities of 51...


of product unloaded directly from land or air transportation, the charges shall be determined on the following basis: (1) For products in quantities of 51...


to an applicant, including any Government agency, for appeal inspections on all products shall be at the same rate as those set forth in this part, except that when a...


incurred by the Agricultural Marketing Service in providing inspection service or appeal inspections may be charged to the applicant, including any Government agency....


Additional copies of any inspection certificate other than those copies provided for in Sec. 51.21, or copies of official memoranda, may be mailed, faxed, or...


Irrespective of fees and charges prescribed in the foregoing sections, the Administrator may enter into contracts with applicants to perform inspection services pursuant to...


[Code of Federal Regulations] [Title 7, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR51.43] [Page 339] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 51--FRESH FRUITS, VEGETABLES AND OTHER Subpart--Regulations \1 --------------------------------------------------------------------------- Sec. 51.43 How fees shall be paid. Fees shall be paid by the applicant in accordance with the directions on the fee bill furnished him by the billing office, and in advance, if required by the inspector. ...


services rendered shall be disposed of as follows: (1) Fees for inspections made by inspectors acting exclusively for the Agricultural Marketing Service shall be...


Fees for inspection performed under cooperative agreements pursuant to authority contained in any Act of Congress shall be those provided by such agreements. ...




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