C.F.R. » Title 7 » CHAPTER I—AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE › SUBCHAPTER B—MARKETING OF PERISHABLE AGRICULTURAL COMMODITIES › PART 46—REQUIREMENTS (OTHER THAN ADMINISTRATIVE PROCEDURES) UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930

7 C.F.R. § 46.3

License required

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(a) No person shall at any time carry on the business of a commission merchant, dealer, or broker without a license which is valid and effective at such time.

(b) Separate licenses are required for each person. More than one trade name may be used by the same person only after such trade names have been approved in writing by the Director.

(c) Joint account arrangements between two or more licensees are not considered to result in separate firms and, therefore, do not require separate licenses.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1995–2023 · leading case: Coosemans Miami, Inc. v. Arthur (In re Arthur), 589 B.R. 761 (Bankr. S.D. Florida 2018).
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Coosemans Miami, Inc. v. Arthur (In re Arthur), 589 B.R. 761 (Bankr. S.D. Florida 2018). “15, and must be licensed, 7 C.F.R. § 46.3 . Most importantly, a PACA dealer must maintain sufficient trust assets to satisfy the claims of trust beneficiaries, 7 C.”
Tom Lange Co., Inc. v. A. Gagliano Co., Inc., 61 F.3d 1305 (7th Cir. 1995). “7 C.F.R. § 46.3 (b) ("More than one trade name may be used by the same person only after such trade names have been approved in writing by the Director.”
In re Wayne Bailey, Inc., 598 B.R. 389 (Bankr. E.D.N.C. 2019). “" On its face the 10-day payment term appears to be in compliance with 7 C.F.R. § 46.3 (aa)(5) which provides: (aa) Full payment promptly is the term used in the Act in specifying the period of time for making payment without committing a violation of the Act.”
Gen. Produce Co., Ltd. v. Geiger's Long Valley Mkt., LLC (N.D. Cal. 2023). “” 7 C.F.R. § 46.3 (a). It does not state a requirement that such parties maintain valid licenses to be repaid for business already conducted.”
B&R Produce v. A&H Farms, 2014 DNH 116 (D.N.H. 2014). “§ 499a(b)(6); 7 C.F.R. § 46.3 ; Lerman v. Rock City Bar & Grille, Inc.”
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