Amends the Perishable Agricultural Commodities Act, 1930, to impress a trust on behalf of an unpaid seller or supplier on the inventories, commodities, or proceeds from the sale of such commodities held by a commission merchant, dealer, or broker. States that payment shall not be considered to have been made if the supplier, seller, or agent receives a payment instrument which is dishonored. Exempts cooperative association-member transactions from such provisions.
States that an unpaid seller or supplier shall lose such trust benefits unless he or she: (1) gives written notice of intent to preserve such benefits to the commission dealer or agent; and (2) files such notice with the Secretary of Agriculture within specified times.
Vests U.S. district courts with jurisdiction over actions to preserve a trust or to enforce a trust beneficiary's payment.
Makes a failure to properly maintain a seller trust or violation of such Act.
Introduced in Senate
Read twice and referred to the Committee on Agriculture.
Subcommittee on Agricultural Production. Hearings held. Hearings printed: S.Hrg. 98-614.
Committee on Agriculture received executive comment from USDA.
See H.R. 3867.
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