Amendments to the Perishable Agricultural Commodities Act (PACA)

The Department of Agriculture (USDA) is revising the regulations (other than Rules of Practice) under the Perishable Agricultural Commodities Act (PACA) in order to implement legislative changes signed into law by President Clinton. Specifically, the legislative changes grant USDA the authority to adjust future license fees through ``notice and comment'' rulemaking; eliminate the requirement of filing notice of intent to preserve trust benefits with USDA in the PACA trust; require USDA to receive a written complaint before initiating an investigation; require additional USDA investigation notification procedures; increase administrative penalties; establish civil penalties as an alternative to revocation or suspension of license; continue current filing fees for formal and informal reparation complaints; explicitly address the status of collateral fees and expenses; clarify misbranding prohibitions; and amend the provisions of PACA regarding the determination of responsibly connected individuals.