[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21089]


[[Page Unknown]]

[Federal Register: August 26, 1994]

BILLING CODE 6560-50-P
  
                                                   VOL. 59, NO. 165

                                            Friday, August 26, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

 

Information About Filing Fees For Reparation Complaints Under The 
Perishable Agricultural Commodities Act

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document gives notice to the public of the requirement 
that filing fees and handling fees be paid when informal and formal 
reparation complaints are filed under the Perishable Agricultural 
Commodities Act (PACA), as required by the enactment of Public Law 103-
276.

FOR FURTHER INFORMATION CONTACT: J.R. Frazier, Assistant Chief, PACA 
Branch, USDA, AMS, F&V Division, P.O. Box 96456, Room 2095-So. Bldg., 
Washington, D.C., 20090-6456, 202-720-4180.

SUPPLEMENTARY INFORMATION: Public Law 103-276, signed by President 
Clinton on July 5, 1994, requires a filing fee of $60 for each informal 
complaint, and a handling fee of $300 for each formal complaint filed 
under Section 6(a) of the PACA (7 U.S.C. 499f(a)) during fiscal years 
1995 and 1996. Therefore, a $60 fee must accompany each informal 
complaint filed on or after October 1, 1994, through September 30, 
1996, before it will be considered a valid complaint, processed, and 
investigated by the agency. Informal complaints received without the 
fee will not toll the nine-month statute of limitations set by Section 
6(a) (7 U.S.C. 499f(a)).
    Pursuant to 7 CFR 47.3 of the Rules of Practice under the 
Perishable Agricultural Commodities Act, 1930, upon receipt of the 
informal complaint and the filing fee, the Director of the Fruit and 
Vegetable Division of the Agricultural Marketing Service (AMS) will 
cause such an investigation to be made as, in his or her opinion, is 
justified by the facts. If such investigation reveals that no violation 
of the act has occurred, no further action shall be taken and the 
person filing the informal complaint shall be so informed. In the 
alternative, pursuant to 7 CFR Sec. 47.3(b)(2), the Director may 
attempt to effect an amicable or informal adjustment of the matter. If 
this attempt fails, the complainant may elect to proceed with a formal 
complaint pursuant to 7 CFR 47.6.
    In addition to the filing fee, the complainant must submit a 
handling fee of $300 at the time of filing a formal complaint. A copy 
of the formal complaint will not be served on the respondent until the 
$300 handling fee is paid. Counterclaims filed under the PACA are 
considered new formal complaints and must be accompanied by the $300 
handling fee before they will be considered filed and served on the 
opposing party. In determining the amount of damages incurred by an 
injured party, the Secretary will include the amount of the handling 
fee as additional damages.
    All payment instruments for fees shall be made payable to the 
Agricultural Marketing Service (AMS) and shall be deposited by the 
Agency into the account of the Perishable Agricultural Commodities Act 
Fund. Filing of both informal and formal complaints will continue to be 
accomplished by providing the informal or formal complaint, accompanied 
by the appropriate fee, to the Director of the Fruit and Vegetable 
Division of the AMS as prescribed in 7 CFR Sec. 47.3 and Sec. 47.6 of 
the Rules of Practice under the Perishable Agricultural Commodities 
Act. Delivery of the complaint and fee to a regional office of the PACA 
Branch of the Fruit and Vegetable Division is deemed to be delivery to 
the Director of the Fruit and Vegetable Division. If a payment 
instrument is dishonored, the complainant will be allowed seven days to 
replace it with a cashier's check or a certified check or the complaint 
proceedings will be terminated.

    Dated: August 22, 1994.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 94-21089 Filed 8-25-94; 8:45 am]
BILLING CODE 3410-02-P