[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: 7CFR47.3]

[Page 292-293]
 
                          TITLE 7--AGRICULTURE
 
                        DEPARTMENT OF AGRICULTURE
 
PART 47_RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL 
COMMODITIES ACT--Table of Contents
 
Sec. 47.3  Institution of proceedings.

    (a) Informal complaints. (1) Any interested person (including any 
officer or agency of any State or Territory having jurisdiction over 
commission merchants, dealers, or brokers in such State or Territory, 
and any employee of the Department) desiring to complain of any 
violation of any provision of the Act by any commission merchant, 
dealer, or broker may file with the Deputy Administrator an informal 
complaint. Informal complaints may be made the basis of either a 
disciplinary complaint, or a claim for damages, or both. If the informal 
complaint is to be made the basis of a claim for damages, it must be 
received by the Deputy Administrator within 9 months after the cause of 
action accrues; if the informal complaint is not to be made the basis of 
a claim for damages, it may be filed at any time within 2 years after 
the violation of the act occurred: Provided, That the 2-year limitation 
herein prescribed shall not apply to complaints charging flagrant or 
repeated violations of the act.
    (2) Informal complaints may be made in writing by telegram, by 
letter, or by facsimile transmission, setting forth the essential 
details of the transaction complained of. So far as practicable, every 
such informal complaint shall state such of the following items as may 
be applicable:
    (i) The name and address of each person and of the agent, if any, 
representing him in the transaction involved;
    (ii) Quantity and quality or grade of each kind of produce shipped;
    (iii) Date of shipment;
    (iv) Carrier identification;
    (v) Shipping and destination points;
    (vi) If a sale, the date, sale price, and amount actually received;
    (vii) If a consignment, the date, reported proceeds, gross and net;
    (viii) Amount of damages claimed, if any; and
    (ix) Statement of other material facts including terms of contract.
    (3) The informal complaint should, so far as practicable, be 
accompanied by true copies of all available papers relating to the 
transaction complained about, including shipping documents, letters, 
telegrams, invoices, manifests, inspection certificates, accounts sales, 
and any special contracts or agreements.
    (4) The informal complaint shall be accompanied by a filing fee of 
$60 as required by the Act.
    (b) Investigations and disposition of informal complaints. (1) Upon 
receipt of all the information and supporting evidence submitted by the 
person filing the informal complaint, the Deputy Administrator shall 
cause such investigation to be made as, in the Deputy Administrator's 
opinion, is justified by the facts. If such investigation discloses that 
no violation of the Act has

[[Page 293]]

occurred, no further action shall be taken and the person filing the 
informal complaint shall be so informed.
    (2) If the statements in the informal complaint and the 
investigation thereunder seem to warrant such action, and, in any case 
except one of wilfullness or one in which public health, interest or 
safety otherwise requires, which may result in the suspension or 
revocation of a license, the Deputy Administrator, in an effort to 
effect an amicable or informal adjustment of the matter, shall give 
written notice to the person complained against of the facts or conduct 
concerning which complaint is made, and shall afford such person an 
opportunity, within a reasonable time fixed by the Deputy Administrator, 
to demonstrate or achieve compliance with the applicable requirements of 
the Act and regulations promulgated thereunder.

[10 FR 2211, Feb. 27, 1945, as amended at 12 FR 1025, Feb. 13, 1947; 56 
FR 174, Jan. 3, 1991; 60 FR 8459, Feb. 14, 1995; 64 FR 38106, July 15, 
1999]