7 U.S.C. § 499p
Liability of licensees for acts and omissions of agents
In construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed by any commission merchant, dealer, or broker, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure of such commission merchant, dealer, or broker as that of such agent, officer, or other person.
Notes of Decisions
Cited in 9
cases, 1996–2008 · leading case: Kleiman & Hochberg, Inc. v. United States Dep't of Agric., 497 F.3d 681 (D.C. Cir. 2007).
Kleiman & Hochberg, Inc. v. United States Dep't of Agric., 497 F.3d 681 (D.C. Cir. 2007). “B The petitioners next challenge the Judicial Officer’s determination that Thomas’ actions should be deemed the actions of K & H under 7 U.S.C. § 499p, PACA’s respondeat superior provision.”
Strube Celery & Vegetable Co. v. Zois (In Re Zois), 201 B.R. 501 (Bankr. N.D. Ill. 1996). “The Zoises, as controlling persons of Five Star, are liable for any failure by Five Star to fulfill its fiduciary obligations under PACA which were created as soon as the Zoises took receipt of the produce in question.”
Koam Produce, Inc. v. Dimare Homestead, Inc., 329 F.3d 123 (2d Cir. 2003). “” 7 U.S.C. § 499p. Thus, Friedman’s acts — bribing USDA inspectors— are deemed the acts of Koam.”
Potato Sales Co., Inc., Petitioner, v. Dep't of Agric., Respondent, 92 F.3d 800 (9th Cir. 1996). “Here, the parties do not dispute that Beck’s conduct is imputed to Potato Sales, 7 U.S.C. § 499p, and that Potato Sales violated PACA by relidding 7,554 cartons of New Zealand apples.”
H.C. MacClaren, Inc. v. United States Dep't of Agric., 342 F.3d 584 (6th Cir. 2003). “” 7 U.S.C. § 499p. According to the Sixth Circuit, acts are “willful” when “knowingly taken by one subject to the statutory provisions in disregard of the action’s legality.”
Koam Produce, Inc. v. United States, 269 F. App'x 35 (2d Cir. 2008). “Rather, Koam contends only that it should not be held responsible for those bribes, even though § 499p of PACA provides that: In construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed…”
G & T Terminal Packaging Co. v. United States Dep't of Agric., 468 F.3d 86 (2d Cir. 2006). “See 7 U.S.C. § 499p (providing that a regulated merchant is liable for the acts, omissions and failures of any of its agents and officers).”
Post & Taback, Inc. v. Dep't of Agric., 123 F. App'x 406 (D.C. Cir. 2005). “” 7 U.S.C. § 499p. As the Secretary points out, “the plain language of the statute provides no escape hatch for merchants .”
MacClaren v. US Dept of AGRI (6th Cir. 2003). “” 7 U.S.C. § 499p. According to the committed by its employees, and, therefore, the Secretary Sixth Circuit, acts are “willful” when “knowingly taken by properly considered the aggravating factors inherent in the one subject to the statutory provisions in disregard of the…”
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