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[Decision Concerning Liability of Brokers for Off-Hour USDA Inspections]

B-224942 Dec 17, 1987
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Highlights

The Animal and Plant Health Inspection Service (APHIS) requested a decision regarding whether APHIS could properly hold vessel and aircraft owners' agents liable for reimbursable expenses incurred during off-hour inspections performed by APHIS. GAO held that: (1) if agents requested agricultural inspection services on behalf of a disclosed principal, APHIS could not hold the agent liable for reimbursable charges incurred; and (2) the inspections were not analogous to consumer credit transactions because the agent would merely be executing a two-party contract between the government and the vessel owner. Accordingly, APHIS cannot hold agents liable for inspection charges.

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