[Code of Federal Regulations]
[Title 7, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR46.48]

[Page 288-289]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 46_REGULATIONS (OTHER THAN RULES OF PRACTICE) UNDER THE 
PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930--Table of Contents
 
Sec. 46.48  Procedure for investigating complaints involving commodities of a unique nature or coming from a 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 commodity which is misbranded or misrepresented is purported 
to be a commodity of a unique name or geographical designation which is 
defined as:
    (1) A perishable agricultural commodity as that term is defined 
under the Perishable Agricultural Commodities Act, 1930;
    (2) Subject to a federal marketing order under the Agricultural 
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.);
    (3) Traditionally identified as being produced in a distinct 
geographic area, State, or region; and
    (4) Of a unique identity, based on such distinct geographic area, 
which has been promoted with funds collected through producer 
contributions pursuant to such marketing order.
    (b) Filing complaints: (1) Any person desiring to complain of a 
possible violation by any commission merchant, dealer, or broker as a 
result of misrepresentation or misbranding of any commodity subject to 
these regulations may file a complaint with the Secretary of Agriculture 
and request an investigation of the complaint by the Secretary.
    (2) Complaints shall be made in writing setting forth all the 
essential details, including but not limited to:
    (i) The name and address of each complaining person;
    (ii) The name and address of each person against whom the complaint 
is made;
    (iii) The commodity, approximate quantity of the commodity, and 
circumstances of alleged misrepresentation or misbranding;
    (iv) The current location of the commodity;
    (v) If shipped, the shipping and destination points of the 
commodity;

[[Page 289]]

    (vi) A statement of all other known material facts with respect to 
the complaint; and
    (vii) Copies of any documents or evidence of any kind in the 
possession of the complainant regarding the alleged violation.
    (3) The complaint shall be accompanied by a non-refundable $250.00 
filing fee made payable to the Agricultural Marketing Service (see 
paragraph (e) of this section Collection of fees).
    (4) The complaint, all supporting evidence, and fee should be mailed 
to: PACA Branch, room 2095 So., Fruit and Vegetable Division, AMS, USDA, 
P.O. Box 96456, Washington, DC 20090-6456.
    (c) Handling complaints. (1) Upon receiving a written complaint, 
supporting evidence, and the $250.00 preliminary investigation fee from 
a complaining person, the Director, Fruit and Vegetable Division, 
Agricultural Marketing Service, United States Department of Agriculture 
shall order a preliminary investigation to determine if the complaint 
can be substantiated. If the initial investigation discloses no 
violation of the Act, no further action shall be taken and the 
complaining person shall be informed of the finding. The $250.00 filing 
fee shall be considered full payment for the preliminary investigation.
    (2) If the Director finds reasonable cause for further 
investigation, the complaining person shall be duly notified of the 
findings. Prior to any further investigation, the Director shall advise 
the complaining person of the estimated fees and charges which the 
complaining person must pay. In calculating the estimated fees, the 
Director shall use the hourly salary rate of a GS-5, Step 4, for 
clerical time and GS-13, Step 1, for professional time, plus benefits 
and other related expenses including travel associated with the 
investigation.
    (3) At the conclusion of the investigation, the Department will 
inform the complaining person of the results, provided, however, that 
any findings, the release of which may jeopardize an ongoing formal 
disciplinary proceeding initiated under the PACA, may be withheld 
pending completion of the disciplinary case.
    (d) Investigative authority. Investigation of a complaint of this 
Section shall be deemed to be an investigation under Section 6(b) of the 
Perishable Agricultural Commodities Act (7 U.S.C. 499f(b)).
    (e) Collection of fees. (1) Any person bringing a complaint, 
alleging a violation of section 1309 of the Food, Agriculture, 
Conservation, and Trade Act of 1990 shall reimburse the Secretary of 
Agriculture for any and all costs associated with the enforcement of 
that section.
    (2) A non-refundable $250.00 fee for the preliminary investigation 
shall accompany the written complaint.
    (3) An estimate of fees and charges to conduct the further 
investigation calculated in accordance with paragraph (c)(2) of this 
section will be provided the complaining person.
    (i) Payment of the fees and charges shall be collected in advance by 
the Secretary prior to continuation of investigation of a complaint.
    (ii) Payment of fees and charges may be made by cash, check, or 
money order payable to the Agricultural Marketing Service.
    (iii) In the event that the estimated fees and charges prove to be 
inadequate, the complaining person will be informed of the deficiency. 
Any complaining person that does not reimburse the Secretary full 
payment for fees and charges associated with a completed investigation 
shall be liable to be proceeded against in any court of competent 
jurisdiction in a suit by the United States to collect any monetary or 
other damages connected with the investigation.
    (iv) The complaining person will be reimbursed by the Secretary for 
any overpayment of fees and charges, except for the $250.00 preliminary 
investigation fee which is nonrefundable.

[56 FR 51826, Oct. 16, 1991]