[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Notices]
[Page 65058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32244]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
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Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 /
Notices
[[Page 65058]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. FV97-357]
Information About Legislative Changes in Civil Penalties for a
Misrepresentation or Misbranding Violation Under the Perishable
Agricultural Commodities Act (PACA)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: In accordance with the Debt Collection Improvement Act of 1996
(Public Law 104-134), this document gives notice to the public of a 10
percent increase in the civil penalties found in Sec. 46.45 of the PACA
regulations which outlines the procedures for administering the
misrepresentation or misbranding provisions under section 2(5) of the
PACA (7 U.S.C. 499b(5)).
DATE: December 10, 1997.
ADDITIONAL INFORMATION: Contact Charles W. Parrott, Assistant Chief,
PACA Branch, Fruit and Vegetable Division, Agricultural Marketing
Service, U.S. Department of Agriculture, P.O. Box 96456, Room 2095-
South, Washington, D.C. 20090-6456; telephone (202) 720-4180; fax (202)
690-4413.
SUPPLEMENTARY INFORMATION: Public Law 104-134, the Debt Collection
Improvement Act of 1996, which amended the Federal Civil Penalties
Inflation Act of 1990 (Public Law 101-410), requires that all civil
monetary penalties be increased periodically to keep pace with
inflation. The first adjustment to a penalty may not exceed 10 percent
of the original penalty and applies only to those violations occurring
after the effective date of the increase, September 2, 1997.
The PACA establishes a code of fair trading practices covering the
marketing of fresh and frozen fruits and vegetables in interstate and
foreign commerce. The PACA protects growers, shippers, distributors,
and retailers dealing in those commodities by prohibiting unfair and
fraudulent practices. The Department of Agriculture's Agricultural
Marketing Service (AMS) enforces the PACA.
Under section 2(5) of the PACA, it is a violation a commission
merchant, dealer, or broker to misrepresent by word, act, mark,
stencil, label, statement, or deed, the character, kind, grade,
quality, quantity, size, pack, weight, condition, degree, or maturity,
or State, country, region of origin of any perishable agricultural
commodity received, shipped, sold, or offered to be sold in interstate
or foreign commerce. Provided the violations are not repeated or
flagrant, the dealer, commission merchant, or broker who violated the
misbranding provisions may admit to the violation, or violations, and
pay a monetary penalty in lieu of a formal proceeding for the
suspension or revocation of its license.
By regulation published in the Federal Register (62 FR 40924) on
July 31, 1997, the maximum penalty was increased by 10 percent, from
$2,000 to $2,200, effective September 2, 1997. In addition to the
$2,200 maximum penalty, the PACA regulations (7 CFR 46,45(c)) set forth
the sanction policy that includes informal warning letters and lesser
monetary penalties that AMS may assess against a dealer, commission
merchant or broker for a misbranding violation, depending on the
seriousness of the violation and the number of previous violations
committed by the violator company. The amended schedule for informal
disposition of these violations is as follows:
VIOLATION: DISPOSITION:
1st................................ ......................................................... Warning Letter
2nd................................ ......................................................... Warning Letter
IF SERIOUS VIOLATION: IF VERY SERIOUS VIOLATION:
3rd................................ $220..................................................... $275
4th................................ $385..................................................... $550
5th................................ $550..................................................... $1,100
6th................................ $1,100................................................... $2,200
7th................................ $2,200................................................... $2,200
The informal disposition of misrepresentation violations is not
limited to seven occurrences and will be considered for further
violations.
Dated: December 3, 1997.
Robert C. Keeney,
Deputy Administrator,
Fruit and Vegetable Programs.
[FR Doc. 97-32244 Filed 12-9-97; 8:45 am]
BILLING CODE 3410-02-P
