Packers and stockyards act 1921, as amended, 1926 and 1935

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Packers and stockyards act 1921, as amended, 1926 and 1935
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United States -- Bureau of Animal Industry
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U.S. Department of Agriculture, Bureau of Animal Industry ( Washington, D.C. )
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UNITED STATES DEPARTMENT OF AGRICULTURE
BUREAU OF ANIMAL INDUSTRY


B. A. I. Order 364



Packers and Stockyards Act

1921

As Amended, 1926 and 1935


General Rules and Regulations of the Secretary of Agriculture
with Respect to Stockyard Owners, Market Agencies,
Dealers, and Licensees


Effective on and after March 1, 1938


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1938





























*


DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
Washington, D. C., February 17, 1938.
Under the authority conferred upon the Secretary of Agriculture by the pro-
visions of the Packers and Stockyards Act, approved August 15, 1921 (U. S. C.,
title 7, sees. 181-229), as amended by the act approved May 5, 1926 (U. S. C.,
title 7, sec. 205), and as further amended by the act approved August 14, 1935
(U. S. C., supp. III, title 7, secs. 218-218d), and the act approved June 29, 1937,
making appropriations for the Department of Agriculture and for the Farm Credit
Administration for the fiscal year ending June 30, 1938, and for other purposes
X(50 Stat. 395, 406), the following rules and regulations are hereby prescribed.
For the purpose of identification these rules and regulations are designated as
B. A. I. Order No. 364.
The rules and regulations heretofore issued by the Secretary of Agriculture on
this subject, under date of November 9, 1935 (B. A. I. Order No. 357) and all
amendments thereto, are hereby revoked to take effect on March 1, 1938, after
which date the regulations herein prescribed shall become and be effective until
otherwise ordered.
H. A. WALLACE,
Secretary of Agriculture.
(III)






















































U











UNITED STATES DEPARTMENT OF AGRICULTURE


WASHINGTON, D. C.


GENERAL RULES AND REGULATIONS FOR CARRYING OUT THE PROVI-
SIONS OF THE PACKERS AND STOCKYARDS ACT, 1921, AS AMENDED,
WITH RESPECT TO STOCKYARD OWNERS, MARKET AGENCIES,
DEALERS, AND LICENSEES
1. These rules and regulations are made and prescribed with respect to stock-
yard owners, market agencies, dealers, and licensees under the Packers and
tockyards Act, 1921, as amended. These rules and regulations shall apply
and be enforced only in accordance with and subject to the provisions of said
act, as amended, including the definitions of terms therein used. They shall
not prevent the legitimate application or enforcement of any valid bylaw, rule,
regulation, or requirement of any exchange, association, or other organization,
or any other valid law, rule, or regulation, to which any stockyard owner, market
agency, dealer, or licensee shall be subject, which is not inconsistent or in con-
flict with the act and these rules and regulations. The term "registrant" as
used herein means a market agency or dealer subject to title III of the act. The
term "licensee" as used herein means any person engaged in furnishing or con-
ducting any service or facility named in section 502 of the act to amend the
Packers and Stockyards Act, 1921, approved August 14, 1935, and who holds a
valid, unrevoked license from the Secretary of Agriculture, as provided by said
amendment.
2. (a) Registration (sec. 303, title III) by market agencies and dealers shall be
accomplished by properly filling out and delivering to the Bureau of Animal
Industry at Washington, D. C., by mail or otherwise, a form which will be fur-
nished on request for the purpose.
(b) Applications for licenses (sec. 502 (b), title V) may be made by persons
subject to the licensing provisions of the amendment by properly filling out and
delivering to the Chief of the Bureau of Animal Industry at Washington, D. C.,
by mail or otherwise, a form of application, which will be furnished by said
Bureau upon request. The Secretary will issue a license to any applicant fur-
nishing the required information unless he finds after opportunity for a hearing
that such applicant is unfit to engage in the activity for which he has made appli-
cation, or that he is financially unable to fulfill the obligations that he would
incur as a licensee. If, after a hearing, it appears that the applicant is financially
unable to fulfill his obligations as a licensee, the Secretary may grant applicant
a license upon his executing and maintaining a surety bond or satisfactory equiva-
lent thereof, provided such bond or equivalent meets the following standards:
Such bond or equivalent shall be conditioned to secure the performance of the
obligations of the licensee incurred as such and may contain such other terms
and conditions, not inconsistent with the requirements of these regulations, as
may be agreed on between the parties thereto. If a bond is maintained, the
surety on such bond shall be a surety company approved by the Treasury De-
partment of the United States for bonds executed to the United States. How-
ever, any other form of indemnity which is found by the Chief of the Bureau
of Animal Industry at Washington, D. C., to afford substantially equivalent
protection may be accepted in lieu of a bond. Whenever, in the judgment of
the Chief of the Bureau of Animal Industry at Washington, D. C., the condition
of the business of any licensee is such as to render his bond or equivalent inade-
quate, the same shall, upon notice, be adjusted to meet the requirements of this
regulation.
Any surety bond or equivalent shall contain a provision requiring that at least
10 days prior notice in writing be given to the Bureau of Animal Industry at
Washington, D. C., by the party terminating such bond or equivalent in order
to effect such termination. Fully executed duplicates of bonds or equivalents
shall be filed with the Bureau of Animal Industry at Washington, D. C.
3. (a) Each stockyard owner and market agency shall plainly state in the
schedule of rates and charges (sec. 306, title III) filed by such stockyard owner
or market agency, the date when effective, the stockyards at which it applies,
the name and business address of the stockyard owner or market agency, the
(1)










kind of livestock, the nature of the service, and the terms or conditions under
which the service will be rendered.
Each licensee furnishing or conducting services or facilities for which a charge
is made shall plainly state in the schedule of rates and charges (sec. 504, title V,
which incorporates by reference sec. 306, title III) filed by such licensee, the
date when effective, the city, place, or market at which it applies, the name and
the business address of the licensee, the nature of the service or facilities fur-
nished, and the terms or conditions under which the service will be rendered.
Schedules of rates and charges and amendments thereto of stockyard owners,
market agencies, and licensees shall be printed or typed on paper which is approxi-
mately 8 by 11 inches in size, the lines of print or type being horizontal to the
8-inch dimension. Two copies (f each such schedule or amendment shall be
filed with the Bureau of Animal ludustry at Washington, D. C., at least one of
which shall be signed by the market agency, stockyard owner, or licensee filing
the same.
The schedules of each market agency, stockyard owner, and licensee shall be
designated by successive numbers as filed. Each such schedule shall be divided
into sections which shall provide for the various classes of services furnished by
the market agency, stockyard owner, or licensee. Each amendment of such
schedule shall be numbered, and shall show the number of the schedule of which
it is an amendment. Each such amendment shall in its body make adequate
reference to the section or sections of the schedule which is amended, and shall
set forth such section or sections in full in the amended or supplemented form.
Each amendment shall indicate the numbers of such amendments to the original
schedule as are in effect. After a market agency, stockyard owner, or licensee
has filed 30 amendments to its schedule, any further change in the rates or charges
shall be embodied in a new schedule which shall contain all. rates and charges
then in effect: Provided, however, That not more than 10 amendments relating
to charges other than for feed may be filed without filing and publishing a new
schedule.
Each stockyard owner, market agency, and licensee shall also file with the
Bureau of Animal Industry at Washington, D. C., two copies of every rule or
regulation, or set of rules or regulations, and of each amendment or supplement
thereto, properly printed or typed, which in any manner change, affect, or deter-
mine any part or the aggregate of the rates or charges of such stockyard owner,
market agency, or licensee, or the value of the services furnished.
All schedules and rules or regulations and amendments thereto required to be
filed under this act shall be kept posted in a conspicuous public place by the
market agency and stockyard owner filing same. Licensees shall pot schedules
of rates charges, and rentals in a conspicuous location in their places of business
where they may be readily observed by any interested person (sec. 504, title V).
Unless the requirement as to filing and notice is specifically waived, as provided
for in section 306 (c) (incorporated by reference in sec. 504, title V), all amend-
ments to schedules or rules or regulations changing a rate or charge shall be filed
with the Bureau of Animal Industry at Washington, D. C., not less than 10 days
before the effective date thereof and must be posted in a conspicuous public place
by the market agency, stockyard owner, or licensee filing the amendment at least
10 days prior to the effective date.
(b) If the same schedule is to be observed by more than one market agency
or licensee one schedule will suffice for all market agencies or licensees at any one
city, place, or market observing it whose names and business addresses are shown
on it, together with the name of the organization, if any, by which adopted, pro-
Svided at least one copy of such schedule or amendment thereto is signed in ink
by each of the market agencies or licensees observing the same, and filed with the
Bureau of Animal Industry at Washington, D. C.
After the effective date of any general order issued by the Secretary prescribing
rates, charges, practices, and regulations governing the rendition of stockyard
services, or the selling and/or buying of livestock on a commission basis at a
stockyard, or governing the rendition of any services or the use of any facilities
in a city, place, or market, designated by the Secretary under title V of the act,
every market agency operating on such stockyard and every licensee operating
in such city, place, or market shall conform to such order.
4. Each stockyard owner, registrant, and licensee shall give to the Chief of the
Bureau of Animal Industry, or his duly authorized agent, at such time in writing
or otherwise, and under oath or affirmation if requested by such officer, any infor-
mation concerning the business of the stockyard owner, registrant, or licenee
which may be required in order to carry out the provisions of the act and the
rules and regulations thereunder.


"::M,










5. Each stockyard owner, registrant, and licensee shall, during ordinary busi-
ness hours, permit any representative of the Bureau of Animal Industry desig-
nated by the officer in charge thereof to enter the place of business and inspect
any or all property in the possession or control and all records pertaining to the
business of the stockyard owner, registrant, or licensee as such, in order to carry
out the provisions of the act and the rules and regulations thereunder. Any
necessary facilities for such inspection shall be extended to such representative
by the stockyard owner, registrant, or licensee, his agents and employees. Such
representative shall be the Secretary's duly authorized agent for the purposes of
these regulations.
6. No agent or employee of the United States shall, without the consent of the
stockyard owner, registrant, or licensee concerned, divulge or make known in
any manner, except to such other agent or employee of the United States as may
be required to have such knowledge in the regular course of his official duties or
S except insofar as he may be directed by the Secretary or by a court of competent
Jurisdiction, any facts or information regarding the business of any stockyard
owner, registrant, or licensee which may come to the knowledge of such agent or
employee through any examination or inspection of the business or accounts of
the stockyard owner, registrant, or licensee or through any information given by
the stockyard owner, registrant, or licensee pursuant to these rules and regulations.
7. Each stockyard owner shall furnish to the Bureau of Animal Industry at
Washington, D. C., as soon as practicable, true copies of all contracts, or changes
S therein, between such stockyard owner and packing, rendering, serum, fertilizer,
and other establishments relating to the stockyards of such owner, except when
it is shown that copies of such documents in the form in which they are effective
are already in the possession of the United States Government at Washington
and available to the Secretary.
l 8. In addition to other necessary records an accurate record of the number of
I head of each class of livestock received, shipped, and disposed of locally each day
i shall be kept by each stockyard owner. Each registrant buying and/or selling
; livestock on a commission basis or otherwise, inaddition to other necessary records,
i shall keep an accurate record of the number and weight of livestock bought and/or
sold each business day, the prices paid or received therefore, and the charges made
for services. Each licensee buying and/or selling live poultry on a commission
basis or otherwise, in addition to other necessary records, shall keep an accurate
I record of the number of coops or pounds of live poultry bought and/or sold each
business day, the price paid or received therefore, and the charges made for services
S and facilities.
9. Each stockyard owner, registrant, and licensee shall report in writing to the
S Bureau of Animal Industry at Washington, D. C., within 10 days thereafter any
change of name or address or in the management or nature, or in the substantial
control or ownership, of the business of such stockyard owner, registrant, or licensee
under the act.
10. No stockyard owner, registrant, or licensee shall destroy or dispose of any
HT books, records, documents, or papers which contain, explain, or modify transac-
tions in his business under the act, without the consent in writing of the Chief of
the Bureau of Animal Industry at Washington, D. C.
11. A stockyard owner, registrant, or licensee shall not knowingly make, issue,
ii or circulate any false or misleading report, record, or representation concerning
J livestock or live-poultry market conditions or the price or sale of any livestock
i: or live poultry.
i 12. If any market agency or licensee acting as a broker, factor, or commission
merchant shall knowingly sell or dispose of livestock or live poultry consigned to
S it to any person in whose business such market agency or licensee or any stock-
*i holder, owner, officer, or employee thereof has a pecuniary interest, such market
agency or licensee shall promptly disclose such fact in accounting to the owner
S or consignor of such livestock or live poultry.
I 13. Whenever feed or water is furnished to livestock at stockyards or to live
poultry by or at the direction of stockyard owners, market agencies, or licensees
they shall see that it is wholesome and fit for the purpose. They shall collect for
feed so furnished according to actual or carefully estimated weight only and in
,- accordance with their schedules of rates and charges filed under the act.
:T: V' 14. Every stockyard owner, market agency, or licensee who furnishes weighing
facilities at stockyards or for weighing live poultry shall maintain and operate
such facilities so as to insure accurate weights.
I 15. A stockyard owner shall not discriminate unfairly with respect to the
utilization of pens, alleys, or buildings for the yarding or handling of livestock or










of space for packing, rendering, and other establishments, or otherwise in the
services and facilities of his stockyard. A licensee shall not discriminate unfairly
with respect to the utilization of facilities for the handling of live poultry at
designated cities, markets, or places or discriminate unfairly otherwise in the
services rendered threat.
16. Each stockyard owner and registrant shall exercise reasonable care and
Fpromniptness in respect to yarding, feeding, watering, weighing, or otherwise
alandling livestock to prevent waste of feed, shrinkage, injury, death, or other
avoidable loss.
Each licensee shall exercise reasonable care and promptness in respect to un-
loading, placing in coops, feeding, watering, weighing, transporting, or otherwise
handling live poultry to prevent waste of feed, shrinkage, injury, death, or other
avoidable loss.
17. (a) Each market agency shall, before the close of the next business day
following the sale of any livestock consigned to it for sale, transmit or deliver to
the owner of the livestock or his duly authorized agent a true written account of
such sale, showing the number, weight, and price of each kind of animals sold,
the name of the purchaser, the date of sale, and such other facts as may be neces-
sary to complete the account. Each licensee acting as a broker, factor, or com-
mission merchant shall, with reasonable promptness following the sale of live
poultry consigned to it for sale, transmit or deliver to the owner of the live
poultry or his duly authorized agent a true written account of such sale showing
the number of pounds and the price of each kind of poultry sold, date of sale,
and such other facts as may be necessary to complete the account.
No market agency or licensee shall pay the net proceeds or any part thereof,
arising from the sale of livestock or live poultry consigned to it for sale, to any
person other than the owner of such livestock or live poultry, or his duly author-
ized agent, except upon an order from the Secretary of Agriculture or a court of
competent jurisdiction unless such person holds (1) a valid unsatisfied mortgage
or lien upon the particular livestock or live poultry, or (2) a written order executed
by the owner at the time of, or immediately following, the consignment of such
livestock or live poultry.
(b) Every market agency and dealer shall, on or before the date of commence-
ment of operations, execute and thereafter maintain, or cause to be executed and
thereafter maintained, reasonable bonds to suitable trustees to secure the per-
formance of their obligations incurred as such market agency or dealer, and shall
immediately file or cause to be filed with the Bureau of Animal Industry at
Washington, D. C., a fully executed duplicate of such bond. For the purpose
of this regulation, "market agency" means any person engaged in the business of
buying or selling in commerce livestock at a stockyard on a commission basis,
and "dealer" means any person, not a market agency, engaged in the business of
buying or selling in commerce livestock at a stockyard either on his own account
or as the employee or agent of the vendor or purchaser.
Such bonds may contain such other terms and conditions as may be agreed
upon between the parties thereto, not inconsistent with the requirements of this
regulation. The surety on such bond shall be a surety company approved by
the Treasury Department of the United States for bonds executed to the United
States, or any other form of indemnity may be accepted in lieu thereof which
is found by the Chief of the Bureau of Animal Industry at Washington, D. C.,
to afford substantially equivalent protection.
The amount of such bond shall be not less than the nearest multiple of $1,000
above the average amount of sales and/or purchases of livestock by such market
agency or dealer during two business days, based on the total number of the busi-
ness days, and the total amount of such sales and/or purchases in the preceding 12
months, or in such part thereof in which such market agency or dealer did busi-
ness, if any. For the purpose of this computation, 308 shall be deemed the num-
ber of business days in a year, except that in those markets where livestock is
offered for sale on not more than 2 days per week the actual number of days in the
preceding 12 months on which livestock was offered for sale shall be deemed the
number of business days. In such instances the amount of the bond shall be not
less than the nearest multiple of $1,000 above the average amount of sales and/or
purchases of livestock by such market agency or dealer during one business day.
n any case, however, the amount of bond shall be not less than $2,000; and when
the sales and/or purchases, calculated as hereinbefore specified, exceed $50,000
the amount of the bond need not exceed $50,000 plus 10 percent of the excess.
Whenever the Chief of the Bureau of Animal Industry at Washington, D. C., finds







5

any bond required hereunder to be inadequate, such bond, upon notice, shall be
adjusted to meet the requirements of this regulation.
Two or more market agencies or dealers or the employees or agents of such
dealers, if such market agencies or dealers are affiliated with the same association
or local exchange, may be covered by a single bond in an amount based on their
combined purchases and/or sales determined in accordance with this regulation.
All surety bonds, or their equivalents, shall contain a provision requiring that
at least 10 days' prior notice in writing be given to the Bureau of Animal Industry
at Washington, D. C., by the party terminating such bonds or equivalents, in
order to effect their termination.
(c) No market agency or licensee shall make such use or disposition of funds
in its possession or control as will endanger or impair the faithful and prompt
-accounting for and payment of such portion thereof as may be due the owner or
consignor of livestock or of live poultry or other person having an interest therein,
and to this end shall so handle all such funds as to prevent their being intermingled
or confused with other accounts or funds of the market agency or licensee kept or
used for other purposes.
18. The Chief of the Bureau of Animal Industry at Washington, D. C., shall
perform for and under the supervision of the Secretary of Agriculture such duties
as he may require in enforcing the act and these rules and regulations.
19. (a) In a proceeding in which many transactions are involved and reparation
is claimed, the Secretary, after due notice and hearing, will find and determine
the issues as to violations of the act, the injury thereby to complainant, and the
right to reparation, and thereafter afford the parties opportunity to agree or make
proof respecting the transactions and the amount of reparation due before entering
an order awarding reparation. In such cases, testimony and exhibits bearing on
the details of the transactions, and the amount of reparation on each, should not
be produced at the hearing unless pertinent to develop other material facts.
(6) When the Secretary finds that reparation is due in such cases, but that the
amount cannot be ascertained upon the record before him, the complainant should
immediately prepare a statement showing details of the transactions on which
reparation is claimed. The statement should not include any transactions not
covered by the findings of the Secretary, or any transaction on which complaint,
was not filed with the Secretary within the statutory period provided for in section
,309 (a). The statement, together with any paid bills relevant to the transactions,
or true copies thereof, should then be forwarded to the defendant for checking
and certification as to its accuracy. The certificate must be signed in ink by a
properly authorized officer of the defendant, and should cover all the information
shown in the statement.
(c) Statements so prepared and certified shall be filed with the Secretary, where-
upon he will consider entry of an order for reparation. The filing of statements
will not stop the running of the statute of limitations as to transactions not
covered by complaint, or supplemental complaint.
(d) All discrepancies, duplications, or other errors in the statements should be
adjusted by the parties, and correct, agreed statements submitted to the Secretary.


[PUBLIC, No. 51-67TH CONGRESS]
(U. S. C., title 7, sees. 181-229)
[H. R. 6320]
AN ACT TO REGULATE INTERSTATE AND FOREIGN COMMERCE IN
LIVESTOCK, LIVESTOCK PRODUCTS, DAIRY PRODUCTS, POULTRY.
POULTRY PRODUCTS, AND EGGS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
Title I.-Definitions
This act may be cited as the "Packers and Stockyards Act, 1921."
SEC. 2. (a) When used in this Act-
(1) The term "person" includes individuals, partnerships, corporations, andL
associations;







6

(2) The term "Secretary" means the Secretary of Agriculture;
(3) The term "meat food products" means all products and by-products of the
slaughtering and meat-packing industry-if edible;
(4) The term "livestock" means cattle, sheep, swine, horses, mules, or goats-
whether live or dead;
(5) The term "livestock products" means all products and by-products (other
than meats and meat food products) of the slaughtering and meat-packing
industry derived in whole or in part from livestock; and
(6) The term "commerce" means commerce between any State, Territory, or
possession, or the District of Columbia, and any place outside thereof; or between
points within the same State, Territory, or possession, or the District of Columbia,
ut through any place outside thereof; or within any Territory or possession, or the
District of Columbia.
(b) For the purpose of this Act (but not in anywise limiting the foregoing
definition) a transaction in respect to any article shall be considered to be in
commerce if such article is part of that current of commerce usual in the livestock
and meat-packing industries, whereby livestock, meats, meat food products,
livestock products, dairy products, poultry, poultry products, or eggs are sent
from one State with the expectation that they will end their transit, after purchase,
in another, including, in addition to cases within the above general description,
all cases where purchase or sale is either for shipment to another State, or for
slaughter of livestock within the State and the shipment outside the State of the
products resulting from such slaughter. Articles normally in such current of
commerce shall not be considered out of such current through resort being had
to any means or device intended to remove transactions in respect thereto from
the provisions of this Act. For the purpose of this paragraph the word "State"
includes Territory, the District of Columbia, possession of the United States, and
foreign nation.
Title H.-Packers
SEC. 201. When used in this Act-
The term "packer" means any person engaged in the business (a) of buying
livestock in commerce for purposes of slaughter, or (b) of manufacturing or
preparing meats or meat food products for sale or shipment in commerce, or
(c) of manufacturing or preparing livestock products for sale or shipment in
commerce, or (d) of marketing meats, meat food products, livestock products,
dairy products, poultry, poultry products, or eggs in commerce; but no person
engaged in such business of manufacturing or preparing livestock products or
in such marketing business shall be considered a packer unless-
(1) Such person is also engaged in any business referred to in clause (a) or (b)
above, or unless
(2) Such person owns or controls, directly or indirectly, through stock own-
ership or control or otherwise, by himself or through his agents, servants, or
employees, any interest in any business referred to in clause (a) or (b) above,
or unless
(3) Any interest in such business of manufacturing or preparing livestock
products, or in such marketing business is owned or controlled, directly or in-
directly, through stock ownership or control or otherwise, by himself or through
his agents, servants, or employees, by any person engaged in any business referred
to in clause (a) or (b) above; or unless
(4) Any person or persons jointly or severally, directly or indirectly, through
stock ownership or control or otherwise, by themselves or through their agents
servants, or employees, own or control in the aggregate 20 per centum or more of
the voting power or control in such business of manufacturing or preparing live-
stock products, or in such marketing business and also 20 per centum or more of
such power or control in any business referred to in clause (a) or (b) above.
SEC. 202. It shall be unlawful for any packer to:
(a) Engage ini or use any unfair, unjustly discriminatory, or deceptive prac-
tice or device in commerce; or
(b) Make or give, in commerce, any undue or unreasonable preference or
advantage to any particular person or locality in any respect whatsoever, or
subject, in commerce, any particular person or locality to any undue or unrea-
soniable prejudice or disadvantage in any respect whatsoever; or
(c) Sell or otherwise transfer to or for any other packer, or buy or other-
wise receive from or for any other packer, any article for the purpose or with
the effect of apportioning the supply in commerce between any such packers,
if such apportionment has the tendency or effect of restraining commerce or
of creating a monopoly in commerce; or









S (d) Sell or otherwise transfer to or for any other person, or buy or otherwise

receive from or for any other person, any article for the purpose or with the
effect of manipulating or controlling prices in commerce, or of creating a monopoly
in the acquisition of, buying, selling, or dealing in any article in commerce, or of
restraining commerce; or
(e) Engage in any course of business or do any act for the purpose or with
the effect of manipulating or controlling prices in commerce, or of creating a
monopoly in the acquisition of, buying, selling, or dealing in any article in com-
merce, or of restraining commerce; or
(f) Conspire, combine, agree, or arrange with any other persons (1) to appor-
tion territory for carrying on business in commerce, or (2) to apportion pur-
S chases or sales of any) article in commerce, or (3) to manipulate or control prices
in commerce; or
(g) Conspire, combine, agree, or arrange with any other person to do, or aid
or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d),
or (e).
SEC. 203. (a) Whenever the Secretary has reason to believe that any packer
has violated or is violating any provisions of this title, he shall cause a com-
plaint in writing to be served upon the packer, stating his charges in that respect,
and requiring the packer to attend and testify at a hearing at a time and place
designated therein, at least thirty days after the service of such complaint; and
at such time and place there shall be afforded the packer a reasonable opportunity
to be informed as to the evidence introduced against him (including the right of
crossexamination), and to be heard in person or by counsel and through witnesses,
under such regulations as the Secretary may prescribe. Any person for good
cause shown may, on application, be allowed by the Secretary to intervene in
such proceeding, and appear in person or by counsel. At any time prior to the
close of the hearing the Secretary may amend the complaint; but in case of any
amendment adding new charges the hearing shall, on the request of the packer,
be adjourned for a period not exceeding fifteen days.
(b) If, after such hearing, the Secretary finds that the packer has violated or
is violating any provisions of this title covered by the charges, he shall make a
report in writing in which he shall state his findings as to the facts, and shall
issue and cause to be served on the packer an order requiring such packer to
cease and desist from continuing such violation. The testimony taken at the
hearing shall be reduced to writing and filed in the records of the Department of
Agriculture.
(c) Until a transcript of the record in such hearing has been filed in a circuit
court of appeals of the United States, as provided in section 204, the Secretary
at any time, upon such notice and in such manner as he deems proper, but only
after reasonable opportunity to the packer to be heard, may amend or set aside
the report or order, in whole or in part.
(d) Complaints, orders, and other processes of the Secretary under this sec-
tion may be served in the same manner as provided in section 5 of the Act entitled
"An Act to create a Federal Trade Commission, to define its powers and duties,
and for other purposes," approved September 26, 1914.
SEC. 204. (a) An order made under section 203 shall be final and conclusive
unless within thirty days after service the packer appeals to the circuit court of
appeals for the circuit in which he has his principal place of business, by filing
with the clerk of such court a written petition praying that the Secretary's order
be set aside or modified in the manner stated in the petition, together with a
bond in such sum as the court may determine, conditioned that such packer will
pay the costs of the proceedings if the court so directs.
(b) The clerk of the court shall immediately cause a copy of the petition to be
delivered to the Secretary, and the Secretary shall forthwith prepare, certify,
Sand file in the court a full and accurate transcript of the record in such proceed-
ings, including the complaint, the evidence, and the report and order. If before
such transcript is filed the Secretary amends or sets aside his report or order, in
whole or in part, the petitioner may amend the petition within such time as the
court may determine, on notice to the Secretary.
- (c) At any time after such transcript is filed the court, on application of the
Secretary, may issue a temporary injunction restraining, to the extent it deems
proper, the packer and his officers, directors, agents, and employees, from violat-
ing any of the provisions of the order pending the final determination of the
appeal.
(d) The evidence so taken or admitted, duly certified and filed as aforesaid as
a part of the record, shall be considered by the court as the evidence in the case.







8

The proceedings in such cases in the circuit court of appeals shall be made a pre-
ferred cause and shall be expedited in every way.
(e) The court may affirm, modify, or set aside the order of the Secretary.
(f) If the court determines that the just and proper disposition of the case
requires the taking of additional evidence, the court shall order the hearing to be
reopened for the taking of such evidence, in such manner and upon such terms
and conditions as the court may deem proper. The Secretary may modifyb hi
findings as to the facts, or make new findings, by reason of the additional evidence
so taken, and he shall file such modified or new findings and his recommendations,
if any, for the modification or setting aside of his order, with the return of such
additional evidence.
(g) If the circuit court of appeals affirms or modifies the order of the Secre-
tary, its decree shall operate as an injunction to restrain the packer, and his offi-
cers, directors, agents, and employees from violating the provisions of such order
or such order as modified.
(hli) The circuit court of appeals shall have exclusive jurisdiction to review,
and to affirm, set aside, or modify, such orders of the Secretary, and the decree
of such court shall be final except that it shall be subject to review by the Supreme
Court of the United States upon certiorari, as provided in section 240 of the
Judicial Code, if such writ is duly applied for within sixty days after entry of the
decree. The issue of s' ch writ shall not operate as a stay of the decree of the
circuit court of appeals, in so far as such decree operates as an injunction, unless
so ordered by the Supreme Court.
(i) For the purposes of this title the term "circuit court of appeals," in case
the principal place of business of the packer is in the District of Columbia, means
the Court of Appeals of the District of Columbia.
SEc. 205. Any packer, or any officer, director, agent, or employee of a packer,
who fails to obey any order of the Secretary issued under the provisions of section
203, or such order as modified-
(1) After the expiration of the time allowed for filing a petition in the circuit
court of appeals to set aside or modify such order, if no such petition has been
filed within such time; or
(2) After the expiration of the time allowed for applying for a writ of certiorari,
if such order, or such order as modified, has been sustained by the circuit court of
appeals and no such writ has been applied for within such time; or
(3) After such order, or such order as modified, has been sustained by the
courts as provided in section 204: shall on conviction be fined not less than $500
nor more than $10,000, or imprisoned for not less than six months nor more than
five years, or both. Each day during which such failure continues shall be
deemed a separate offense.
Title II.-Stockyards
SEC. 301. When used in this Act-
(a) The term "stockyard owner" means any person engaged in the business
of conducting or operating a stockyard:
(b) The term "stockyard services" means services or facilities furnished at
a stockyard in connection with the receiving, buying, or selling on a commission
basis or otherwise, marketing, feeding, watering, holding, delivery, shipment,
weighing, or handling, in commerce, of livestock;
(c) The term "r'arket agency" means any person engaged in the business of
(1) buying or selling in commerce livestock at a stockyard on a commission basis
or (2) furnishing stockyard services; and
(d) The term "dealer" means any person, not a market agency, engaged in the
business of buying or selling in commerce livestock at a stockyard, either on his
own account or as the employee or agent of the vendor or purchaser.
SEC. 302. (a) When used in this title the term "stockyard" means any place,
establishment, or facility commonly known as stockyards, conducted or operated
for compensation or profit as a public market, consisting of pens, or other inclo-
sures, and their appurtenances, in which live cattle, sheep, swine, horses, mules,
or goats are received, held, or kept for sale or shipment in commerce. This title
shall not apply to a stockyard of which the area normally available for handling
livestock, exclusive of runs, alleys, or passage ways, is less than twenty thousand
square feet.
(b) The Secretary shall from time to time ascertain, after such inquiry as he
deems necessary, the stockyards which come within the foregoing definition, and
shall give notice thereof to the stockyard owners concerned, and give public









notice thereof by posting copies of such notice in the stockyard, and in such other
manner as he may determine. After the giving of such notice to the stockyard
owner and to the public, the stockyard shall remain subject to the provisions of
this title until like notice is given by the Secretary that such stockyard no longer
comes within the foregoing definition.
Szc. 303. After the expiration of thirty days after the Secretary has given
public notice that any stockyard is within the definition of section 302, by posting
copies of such notice in the stockyard, no person shall carry on the business of a
market agency or dealer at such stockyard unless he has registered with the
.Secretary under such rules and regulations as the Secretary may prescribe, his
name and address, the character of business in which he is engaged, and the kinds
of stockyard services, if any, which he furnishes at such stockyard. Whoever
violates the provisions of this section shall be liable to a penalty of not more than
$500 for each such offense and not more than $25 for each day it continues, which
shall accrue to the United States and may be recovered in a civil action brought
by the United States.
SEC. 304.1 It shall be the duty of every stockyard owner and market agency
to furnish upon reasonable request, without discrimination, reasonable stockyard
services at such stockyard: Provided, That in any State where the weighing of
livestock at a stockyard is conducted by a duly authorized department or agency
of the State, the Secretary, upon application of such department or agency, may
register it as a market agency for the weighing of livestock received in such stock-
yard, and upon such registration such department or agency and the members
thereof shall be amenable to all the requirements of this act, and upon failure
of such department or agency or the members thereof to comply with the orders
of the Secretary under this act he is authorized to revoke the registration of such
-department or agency and to enforce such revocation as provided in section 315
of this act.
SEC. 305. All rates or charges made for any stockyard services furnished
-at a stockyard by a stockyard owner or market agency shall be just, reasonable,
and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate
or charge is prohibited and declared to be unlawful.
SEC. 306. (a) Within sixty days after the Secretary has given public notice
that a stockyard is within the definition of section 302, by posting copies of
such notice in the stockyard, the stockyard owner and every market agency
at such stockyard shall file with the Secretary, and print and keep open to public
inspection at the stockyard, schedules showing all rates and charges for the stock-
yard services furnished by such person at such stockyard. If a market agency
commences business at the stockyard after the expiration of such sixty days such
schedules must be filed before any stockyard services are furnished.
(b) Such schedules shall plainly state all such rates and charges in such detail
as the Secretary may require, and shall also state any rules or regulations which
in any manner change, affect, or determine any part or the aggregate of such rates
or charges, or the value of the stockyard services furnished. The Secretary
mnay determine and prescribe the form and manner in which such schedules shall
be prepared, arranged, and posted, and may from time to time make such changes
in respect thereto as may be found expedient.
(c) No changes shall be made in the rates or charges so filed and published,
except after ten days' notice to the Secretary and to the public filed and published
as aforesaid, which shall plainly state the changes proposed to be made and the
time such changes will go into effect; but the Secretary may, for good cause
shown, allow changes on less than ten days' notice, or modify the requirements
of this section in respect to publishing, posting, and filing of schedules, either in
particular instances or by a general order applicable to special or peculiar circum-
stances or conditions.
(d) The Secretary may reject and refuse to file any schedule tendered for
filing which does not provide and give lawful notice of its effective date, and
any schedule so rejected by the Secretary shall be void and its use shall be unlawful.
(e) Whenever there is filed with the Secretary any schedule, stating a new
rate or charge, or a new regulation or practice affecting any rate or charge, the
Secretary may either upon complaint or upon his own initiative without complaint,
at once, and, if he so orders, without answer or other formal pleading by the
person filing such schedule, but upon reasonable notice, enter upon a hearing
concerning the lawfulness of such rate, charge, regulation, or practice, and pending
such hearing and decision thereon the Secretary, upon filing with such schedule
and delivering to the person filing it a statement in writing of his reasons for
I Amended by an act of Congress approved May 5, 1926.




a


10
S
such suspension, may suspend the operation of such schedule and defer the use&
of such rate, charge, regulation, or practice, but not for a longer period than
thirty days beyond the time when it would otherwise go into effect; and after
full hearing, whether completed before or after the rate, charge, regulation, or
practice goes into effect, the Secretary may make such order with reference
thereto as would be proper in a proceeding initiated after it had become effective.
If any such hearing can not be concluded within the period of suspension, the
Secretary may extend the time of suspension for a further period not exceeding
thirty days, and if the proceeding has not been concluded and an order made at
the expiration of such thirty days, the proposed change of rate, charge, regulation,
or practice shall go into effect at the end of such period.
(f) Aftter the expiration of the sixty days referred to in subdivision (a) no
person shall carry on the business of a stockyard owner or market agency unless
the rates and charges for the stockyard services furnished at the stockyard have
been filed and published in accordance with this section and the orders of the
Secretary made thereunder; nor charge, demand, or collect a greater or les or
different compensation for such services than the rates and charges specified in
the schedules filed and in effect at the time; nor refund or remit in any manner
any portion of the rates or charges so specified (but this shall not prohibit a
cooperative association of producers from bona fide returning to its members, on
a patronage basis, its excess earnings on their livestock, subject to such regulations
as the Secretary may prescribe); nor extend to any person at such stockyard any
stockyard services except such as are specified in such schedules.
(g) Whoever fails to comply with the provisions of this section or of any
regulation or order of the Secretary made thereunder shall be liable to a penalty
of not more than $500 for each such offense, and not more than $25 for each day
it continues, which shall accrue to the United States and may be recovered in a.
civil action brought by the United States.
(h) Whoever willfully fails to comply with the provisions of this section or of
any regulation or order of the Secretary made thereunder shall on conviction be
fined not mniore than $1,000, or imprisoned not more than one year, or both.
SEC. 307. It shall be the duty of every stockyard owner and market agency to
establish, observe, and enforce just, reasonable, and nondiscriminatory regula-
tions and practices in respect to the furnishing of stockyard services, and every
unjust, unreasonable, or discriminatory regulation or practice is prohibited and
declared to be unlawful.
SEC. 308. (a) If any stockyard owner, market agency, or dealer violates any
of the provisions of sections 304, 305, 306, or 307, or of any order of the Secre-
tary made under this title, he shall be liable to the person or persons injured
thereby for the full amount of damages sustained in consequence of such viola-
tion.
(b) Such liability may be enforced either (1) by complaint to the Secretary,
as provided in section 309, or (2) by suit in any district court of the United States
of competent jurisdiction; but this section shall not in any way abridge or alter
the remedies now existing at common law or by statute, but the provisions of this
act are in addition to such remedies.
SEc. 309. (a) Any person complaining of anything done or omitted to be done
by any stockyard owner, market agency, or dealer (hereinafter in this section
referred to as the "defendant") in violation of the provisions of sections 304, 305,
306, or 307, or of an order of the Secretary made under this title, may, at any
time within ninety days after the cause of action accrues, apply to the Secretary
by petition which shall briefly state the facts, whereupon the complaint thus
made shall be forwarded by the Secretary to the defendant, who shall be called
upon to satisfy the complaint, or to answer it in writing, within a reasonable time
to be specified by the Secretary. If the defendant within the time specified makes
reparation for the injury alleged to be done he shall be relieved of liability to the
complainant only for the particular violation thus complained of. If the defend-
ant does not satisfy the complaint within the time specified, or there appears to
be any reasonable ground for investigating the complaint, it shall be the duty of
the Secretary to investigate the matters complained of in such manner and by
such menus as lihe deemis proper.
(b) The Secretary, at the request of the livestock commissioner, board of agri-
culture, or other agency of a State or Territory having jurisdiction over stock-
yards in such State or Territory, shall investigate any complaint forwarded by
such agency in like manner and with the same authority and powers as in the case
of a complaint made under subdivision (a).







11

(c) The Secretary may at any time institute an inquiry on his own motion,
in any case and as to any matter or thing concerning which a complaint is au-
thorized to be made to or before the Secretary, by any provision of this title, or
concerning which any question may arise under any of the provisions of this title,
or relating to the enforcement of any of the provisions of this title. The Secre-
tary shall have the same power and authority to proceed with any inquiry insti-
tuted upon his own motion as though he had been appealed to by petition, includ-
ing the power to make and enforce any order or orders in the case or relating to
the matter or thing concerning which the inquiry is had, except orders for the
payment of money.
(d) No complaint shall at any time be dismissed because of the absence of
direct damage to the complainant.
(e) If after hearing on a complaint the Secretary determines that the com-
plainant is entitled to an award of damages, the Secretary shall make an order
directing the defendant to pay to the complainant the sum to which he is entitled
on or before a day named.
(f) If the defendant does not comply with an order for the payment of money
within the time limit in such order, the complainant, or any person for whose
benefit such order was made, may within one year of the date of the order file in
the district court of the United States for the district in which he resides or in
which is located the principal place of business of the defendant, or in any State
court having general jurisdiction of the parties, a petition setting forth briefly
the causes for which he claims damages and the order of the Secretary in the
premises. Such suit in the district court shall proceed in all respects like other
civil suits for damages except that the findings and orders of the Secretary shall
be prima facie evidence of the facts therein stated, and the petitioner shall not be
liable for costs in the district court nor for costs at any subsequent stage of the
proceedings unless they accrue upon his appeal. If the petitioner finally prevails,
he shall be allowed a reasonable attorney's fee to be taxed and collected as a part
of the costs of the suit.
Szc. 310. Whenever after full hearing upon a complaint made as provided in
section 309, or after full hearing under an order for investigation and hearing
made by the Secretary on his own initiative, either in extension of any pending
complaint or without any complaint whatever, the Secretary is of the opinion that
any rate, charge, regulation, or practice of a stockyard owner or market agency,
for or in connection with the furnishing of stockyard services, is or will be unjust,
unreasonable, or discriminatory, the Secretary-
(a) May determine and prescribe what will be the just and reasonable rate or
charge, or rates or charges, to be thereafter observed in such case, or the maximum
or minimum, or maximum and minimum, to be charged, and what regulation or
practice is or will be just, reasonable, and nondiscriminatory to be thereafter
followed; and
(b) May make an order that such owner or operator (1) shall cease and desist
from such violation to the extent to which the Secretary finds that it does or will
exist; (2) shall not thereafter publish, demand, or collect any rate or charge for
the furnishing of stockyard services other than the rate or charge so prescribed,
or in excess of the maximum or less than the minimum so prescribed, as the case
may be; and (3) shall conform to and observe the regulation or practice so
prescribed.
SEC. 311. Whenever in any investigation under the provisions of this title, or
in any investigation instituted by petition of the stockyard owner or market agency
concerned, which petition is hereby authorized to be filed, the Secretary after
full hearing finds that any rate, charge, regulation, or practice of any stockyard
owner or market agency, for or in connection with the buying or selling on a
commission basis or otherwise, receiving, marketing, feeding, holding, delivery,
shipment, weighing, or handling, not in commerce, of livestock, causes any undue
or unreasonable advantage, prejudice, or preference as between persons or localities
in intrastate commerce in livestock on the one hand and interstate or foreign
commerce in livestock on the other hand, or any undue, unjust, or unreasonable
discrimination against interstate or foreign commerce in livestock, which is hereby
forbidden, and declared to be unlawful, the Secretary shall prescribe the rate,
charge, regulation, or practice thereafter to be observed, in such manner as, in
his judgment, will remove such advantage, preference, or discrimination. Such
rates, charges, regulations, or practices shall be observed while in effect by the
stockyard owners or market agencies parties to such proceeding affected thereby,
the law of any State or the decision or order of any State authority to the contrary
notwithstanding.






12

Szc. 312. (a) It shall be unlawful for any stockyard owner, market agency,
or dealer to engage in or use any unfair, unjustly discriminatory, or deceptive
practice or device in connection with the receiving, marketing, buying or selling
on a commission basis or otherwise, feeding, watering, holding, delivery, .hip-
ment, weighing or handling, in commerce at a stockyard, of livestock.
(b) Whenever complaint is made to the Secretary by any person, or whenever
the Secretary has reason to believe, that any stockyard owner, market agency,
or dealer is violating the provisions or subdivision (a), the Secretary after notice
and fu till hearing may make an order that he shall cease and desist from continuing
such violation to the extent that the Secretary finds that it does or will exist.
SEC. 313. Except as otherwise provided in this Act, all orders of the Secretary
under this title, other than orders for the payment of money, shall take effect
within such reasonable time, not less than five days, as is prescribed in the
order, and shall continue in force until his further order, or for a specified period
of time, according as is prescribed in the order, unless such order is suspended or
modified or set aside by the Secretary or is suspended or set aside by a court of,
competent jurisdiction.
SEc. 314. (a) Any stockyard owner, market agency, or dealer who knowingly
fail to obey any order made under the provisions of sections 310, 311, or i12
shall forfeit to the United States the sum of $500 for each offense. Each dlis-
tinct violation shall be a separate offense, and in case of a continuing violation
each day shall be deemed a separate offense. Such forfeiture shall be recover-
able in a civil suit in the name of the United States.
(b) It shall be the duty of the various district attorneys, under the direction
of the Attorney General, to prosecute for the recovery of forfeitures. The costs
and expenses of such prosecution shall be paid out of the appropriation for the
expenses of the courts of the United States.
SEC. 315. If any stockyard owner, market agency, or dealer fails to obey any
order of the Secretary other than for the payment of money while the same
is in effect, the Secretary, or any party injured thereby, or the United States
by its Attorney General, may apply to the district court for the district in which
such person has his principal place of business for the enforcement of such order.
If after hearing the court determines that the order was lawfully made and duly
served and that such person is in disobedience of the same, the court shall enforce
obedience to such order by a writ of injunction or other proper process, manda-
tory or otherwise, to restrain such person, his officers, agents, or representatives
from further disobedience of such order or to enjoin upon him or them obedience
to the same.
SEC. 316. For the purposes of this title, the provisions of all laws relating to
the suspending or restraining the enforcement, operation, or execution of, or
the setting aside in whole or in part the orders of the Interstate Commerce
Commission, are made applicable to the jurisdiction, powers, and duties of the
Secretary in enforcing the provisions of this title, and to any person subject to
the provisions of this title.
Title IV.-General Provisions
SEc. 401. Every packer, stockyard owner, market agency, and dealer shall
keep such accounts, records, and memoranda as fully and correctly disclose all
transactions involved in his business, including the true ownership of such business
by stockholding or otherwise. Whenever the Secretary finds that the accounts,
records, and memoranda of any such person do not fully and correctly disclose
all transactions involved in his business, the Secretary may prescribe the manner
and form in which such accounts, records, and memoranda shall be kept, and
thereafter any such person who fails to keep such accounts, records, and memo-
randa in the manner and form prescribed or approved by the Secretary shall
upon conviction be fined not more than $5,000, or imprisoned not more than
three years, or both.
SEC. 402. For the efficient execution of the provisions of this Act, and in
order to provide information for the use of Congress, the provisions (including
penalties) of sections 6, 8, 9, and 10 of the Act entitled "An Act to create a Federal
Trade Commission, to define its powers and duties, and for other purposes,"
approved September 26, 1914, are made applicable to the jurisdiction, powers,
and duties of the Secretary in enforcing the provisions of this Act and to any
person subject to the provisions of this Act, whether or not a corporation. The
Secretary, in person or by such agents as he may designate, may prosecute any
inquiry necessary to his duties under this Act in any part of the United States.







13

SEC. 403. When construing and enforcing the provisions of this Act, the act,
omission, or failure of any agent, officer, or other person acting for or employed
by any packer, stockyard owner, market agency, or dealer, within the scope of
his employment or office, shall in every case also be deemed the act, omission,
or failure of such packer, stockyard owner, market agency, or dealer, as well as
that of such agent, officer, or other person.
SEC. 404. The Secretary may report any violation of this Act to the Attorney
General of the United States, who shall cause appropriate proceedings to be
commenced and prosecuted in the proper courts of the United States without
delay.
SEC. 405. Nothing contained in this Act, except as otherwise provided herein,
shall be construed-
(a) To prevent or interfere with the enforcement of, or the procedure under,
the provisions of the Act entitled "An Act to protect trade and commerce
against unlawful restraints and monopolies," approved July 2, 1890, the Act
entitled "An Act to supplement existing laws against unlawful restraints and
monopolies, and for other purposes," approved October 15, 1914, the Interstate
Commerce Act as amended, the Act entitled "An Act to promote export trade,
and for other purposes," approved April 10, 1918, or sections 73 to 77, inclusive,
of the Act of August 27, 1894, entitled "An Act to reduce taxation, to provide
revenue for the Government, and for other purposes," as amended by the Act
entitled "An Act to amend sections seventy-three and seventy-six of the Act
of August twenty-seventh, eighteen hundred and ninety-four, entitled 'An Act
to reduce taxation, to provide revenue for the Government, and for other pur-
poses,' approved February 12, 1913, or
(b) To alter, modify, or repeal such Acts or any part or parts thereof, or
(c) To prevent or interfere with any investigation, proceeding, or prosecu-
tion begun and pending at the time this Act becomes effective.'
SEC. 406. (a) Nothing in this Act shall affect the power or jurisdiction of
the Interstate Commerce Commission, nor confer upon the Secretary concurrent
power or jurisdiction over any matter within the power or jurisdiction of such
Commission.
(b) On and after the enactment of this Act, and so long as it remains in effect,
the Federal Trade Commission shall have no power or jurisdiction so far as
relating to any matter which by this Act is made subject to the jurisdiction
of the Secretary, except in cases in which, before the enactment of this Act,
complaint has been served under section 5 of the Act entitled "An Act to create
a Federal Trade Commission, to define its powers and duties, and for other
purposes," approved September 26, 1914, or under section 11 of the Act entitled
"An Act to supplement existing laws against unlawful restraints and monopolies,
and for other purposes," approved October 15, 1914, and except when the Secre-
tary of Agriculture in the exercise of his duties hereunder, shall request of the
said Federal Trade Commission that it make investigations and report in any
case.
SEc. 407. The Secretary may make such rule, regulations, and orders as may
be necessary to carry out the provisions of this Act and may cooperate with any
department or agency of the Government, any State, Territory, District, or
possession, or department, agency, or political subdivision thereof, or any
person; and shall have the power to appoint, remove, and fix the compensa-
tion of such officers and employees, not in conflict with existing law, and make
such expenditures for rent outside the District of Columbia, printing, tele-
grams, telephones, law books, books of reference, periodicals, furniture, sta-
tionery, office equipment, travel, and other supplies and expenses as shall be
necessary to the administration of this Act in the District of Columbia and
elsewhere, and as may be appropriated for by Congress, and there is hereby
authorized to be appropriated, out of any money in the Treasury not otherwise
appropriated, such sums as may be necessary for such purpose.
SEC. 408. If any provision of this Act or the application thereof to any person
or circumstances is held invalid, the validity of the remainder of the Act and
of the application of such provision to other persons and circumstances shall
not be affected thereby.
Approved, August 15, 1921.







14


[PUBLIC-NO. 272-74TH CONOGRs]
s. 12]1
AN ACT TO AMEND THE PACKERS AND STOCKYARDS ACT
Be it enacted by the Senate and House of Representatives of the United Stt. of
America in Congress assembled, That the Act to regulate interstate and foreign
commerce in livestock, livestock products, dairy products, poultry, poultry
products, and eggs, and for other purposes, approved August 15, 1921 (U. S. C.,
title 7. sees. 181-229), is hereby amended by the addition of the following title:
"Title V.-Live Poultry Dealers and Handlers
"SEcTION 501. The handling of the great volume of live poultry required as
an article of food for the inhabitants of large centers of population is attend-
ant with various unfair, deceptive, and fraudulent practices and devices, re-
sulting in the producers sustaining sundry losses and receiving prices far below
the reasonable value of their live poultry in comparison with prices of other
commodities and in unduly and arbitrarily enhancing the cost to the consumers.
Such practices and devices are an undue restraint and unjust burden upon inter-
state commerce and are a matter of such grave concern to the industry and to
the public as to make it imperative that steps be taken to free such commerce
from such burden and restraint and to protect producers and consumers against
such practices and devices.
"SEC. 502. (a) The Secretary of Agriculture is authorized and directed to
ascertain from time to time and to designate the cities where such practices
and devices exist to the extent stated in the preceding section and the markets
and places in or near such cities where live poultry is received, sold, and han-
dled in sufficient quantity to constitute an important influence on the supply
and price of live poultry and poultry products. On and after the effective date
of such designation, which shall be publicly announced by the Secretary by
publication in one or more trade journals or in the daily press or in such other
manner as he may determine to be adequate for the purpose approximately
thirty days prior to such date, no person other than packers as defined in title II
of said Act and railroads shall engage in, furnish, or conduct any service or
facility in any such designated city, place, or market in connection with the
receiving, buying, or selling, on a commission basis or otherwise, marketing,
feeding, watering, holding, delivering, shipping, weighing, unloading, loading on
trucks, trucking, or handling in commerce of live poultry without a license from
the Secretary of Agriculture as herein authorized valid and effective at such time.
Any person who violates any provision of this subsection shall be subject to &
file of not more than $500 or imprisonment of not more than six months, or
both. % r
"(b) Any person desiring a license shall make application to the Secretary,
who may by regulation prescribe the information to be contained in such ap-
plication. The Secretary shall issue a license to any applicant furnishing the
required information unless he finds after opportunity for a hearing that such
applicant is unfit to engage in the activity for which he has made application
by reason of his having at any time within two years prior to his application
engaged in any practice of the character prohibited by this Act or because he
is financially unable to fulfill the obligations that he would incur as a licensee.
"SEC. 503. Sections 202, 401, 402, 403, and 404 of said Act are amended by
the addition of the words 'or any live poultry dealer or handler' after the word
'packer' wherever it occurs in said sections. The term 'live poultry dealer'
means any person engaged in the business of buying or selling live poultry in
commerce for purposes of slaughter either on his own account or as the employee
or agent of the vendor or purchaser.
"SEC. 504. The provisions of sections 305 to 316, both inclusive, 401, 402,
403, and 404 of said Act shall be applicable to licensees with respect to services
and facilities covered by this title and the rates, charges, and rentals therefore
except that the schedules of rates, charges, and rentals shall be posted in the
place of business of the licensee as prescribed in regulations made by the
Secretary.
"SEC. 505. Whenever the Secretary determines, after opportunity for &
LEaring, that any licensee has violated or is violating any of the provisions of
this title, he may publish the facts and circumstances of such violation and by
order suspend the license of such offender for a period not to exceed ninety days
and if the violation is flagrant or repeated he may by order revoke the license of
the offender."
Approved. August 14, 1935.










EXTRACTS FROM FEDERAL TRADE COMMISSION ACT
AN ACT TO CREATE A FEDERAL TRADE COMMISSION, TO DEFINE ITS POWERS AND
DUTIES, AND FOR OTHER PURPOSES
*d *( *
SEC. 4. That the words defined in this section shall have the following meaning
when found in this Act, to wit:
"Commerce" means commerce among the several States or with foreign
nations, or in any Territory of the United States or in the District of Columbia,
or between any such Territory and another, or between any such Territory
and State or foreign nation, or between the District of Columbia and any State
or Territory or foreign nation.
"Corporation" means any company or association, incorporated or unincor-
porated, which is organized to carry on business for profit and has shares of
capital or capital stock, and any company or association, incorporated or unin-
corporated, without shares of capital or capital stock, except partnerships, which
is organized to carry on business for its own profit or that of its members.
"Documentary evidence" means all documents, papers, and correspondence
in existence at and after the passage of this Act.
"Acts to regulate commerce" means the Act entitled "An Act to regulate
commerce," approved February fourteenth, eighteen hundred and eighty-seven,
and all acts amendatory thereof and supplementary thereto.
"Antitrust acts" means the Act entitled "An Act to protect trade and com-
merce against unlawful restraints and monopolies," approved July second,
eighteen hundred and ninety; also the sections seventy-three to seventy-seven,
inclusive, of an Act entitled "An Act to reduce taxation, to provide revenue for
the Government, and for other purposes," approved August twenty-seventh,
eighteen hundred and ninety-four; and also the Act entitled "An Act to amend
sections seventy-three and seventy-six of the Act of August twenty-seventh,
eighteen hundred and ninety-four, entitled 'An Act to reduce taxation, to pro-
vide revenue for the Government, and for other purposes,' approved February
twelfth, nineteen hundred and thirteen.
I.* *
SEC. 6. That the Commission shall also have power-
(a) To gather and compile information concerning and, to investigate from
time to time the organization, business, conduct, practices, and management
of any corporation engaged in commerce, excepting banks and common carriers
subject to the Act to regulate commerce, and its relation to other corporations
and to individuals, associations, and partnerships.
(b) To require, by general or special orders, corporations engaged in com-
merce, excepting banks, and common carriers subject to the Act to regulate
commerce, or any class of them, or any of them, respectively, to file with the
Commission in such form as the commission may prescribe annual or special,
or both annual and special, reports or answers in writing to specific questions,
furnishing to the Commission such information as it may require as to the organi-
zation, business, conduct, practices, management, and relation to other corpora-
tions, partnerships, and individuals of the respective corporations filing such
reports or answers in writing. Such reports and answers shall be made under
oath, or otherwise, as the Commission may prescribe, and shall be filed with
the Commission within such reasonable period as the Commission may pre-
scribe, unless additional time be granted in any case by the Commission.
(c) Whenever a final decree has been entered against any defendant cor-
poration in any suit brought by the United States to prevent and restrain any
violation of the antitrust acts, to make investigation, upon its own initiative, of
the manner in which the decree has been or is being carried out, and upon the
application of the Attorney General it shall be its duty to make such investiga-
tion. It shall transmit to the Attorney General a report embodying its findings
and recommendations as a result of any such investigation, and the report shall
be made public in the discretion of the Commission.
(d) Upon the direction of the President or either House of Congress to investi-
gate and report the facts relating to any alleged violations of the antitrust acts
by any corporation.
(e) Upon the application of the Attorney General to investigate and make
recommendations for the readjustment of the business of any corporation alleged
S to be violating the antitrust acts in order that the corporation may thereafter
maintain its organization, management, and conduct of business in accordance
with law.







16

(If) To make public from time to time such portions of the information
obtained by it hereunder, except trade secrets and names of customers, as it
shall deem expedient in the public interest; and to make annual and special
reports to the Congress and to submit therewith recommendations for addi-
tional legislation; and to provide for the publication of its reports and deei-
sions in such form and manner as may be best adapted for public information
and use.
(g) From time to time to classify corporations and to make rules and regu-
lations for the purpose of carrying out the provisions of this Act.
(1,) To investigate, from time to time, trade conditions in and with foreign
countries where associations, combinations, or practices of manufacturers, mer-
chants, or traders, or other conditions, may affect the foreign trade of the
TUnjited States, and to report to Congress thereon, with such recommendations
as it deeinms advisable.
4* *
SEc. 8. That the several departments and bureaus of the Government when
directed by the President shall furnish the Commission, upon its request, all
records, papers, and information in their possession relating to any corporation
subject to any of the provisions of this Act, and shall detail from time to time
such officials and employees to the Commission as he may direct.
SEC. 9. That for the purposes of this Act the Commission, or its duly author-
ized agent or agents, shall at all reasonable times have access to, for the pur-
pose of examination, and the right to copy any documentary evidence of any
corporation being investigated or proceeded against; and the Commission shall
have power to require by subpoena the attendance and testimony of witnesses
and the production of all such documentary evidence relating to any matter
under investigation. Any member of the Commission may sign subpoenas, and
members and examiners of the Commission may administer oaths and affirma-
tions, examine witnesses, and receive evidence.
Such attendance of witnesses, and the production of such documentary
evidence, may be required from any place in the United States, at any desig-
nated place of hearing. And in case of disobedience to a subpoena the Com-
mission may invoke the aid of any court of the United States in requiring the
attendance and testimony of witnesses and the production of documentary
evidence.
Any of the district courts of the United States within the jurisdiction of
which such inquiry is carried on may, in case of contumacy or refusal to obey
a subpoena issued to any corporation or other person, issue an order requiring such
corporation or other person to appear before the Commission, or to produce
docLumentary evidence if so ordered, or to give evidence touching the matter in
question; and any failure to obey such order of the court may be punished by such
court as a contempt thereof.
Upon the application of the Attorney General of the United States, at tihe
request of the Commission, the district courts of the United States shall have
jurisdiction to issue writs of mandamus commanding any person or corporation
to comply with the provisions of this Act or any order of the Commission made
in. pursuance thereof.
The Commission may order testimony to be taken by deposition in any pro-
ceeding or investigation pending under this Act at any stage of such proceeding
or investigation. Such depositions may be taken before any person designated
by the Commission and having power to administer oaths. Such testimony
shall be reduced to writing by the person taking the deposition, or under his
direction and shall then be subscribed by the deponent. Any person may be
compelled to appear and depose and to produce documentary evidence in the
same manner as witnesses may be compelled to appear and testify and produce
documentary evidence before the Commission as hereinbefore provided.
Witnesses summoned before the Commission shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States, and wit-
nesses whose depositions are taken and the persons taking the same shall severally
be entitled to the same fees as are paid for like services in the courts of the
United States.
No person shall be excused from attending and testifying or from producing
documentary evidence before the Commission or in obedience to the subpoena
of the Commission on the ground or for the reason that the testimony or evi-
dence, documentary or otherwise, required of him may tend to criminate him
or subject him to a penalty or forfeiture. But no natural person shall be prose-
cuted or subjected to any penalty or forfeiture for or on account of any transaction,









matter, or thing concerning which he may testify, or produce evidence, documen-
tary or otherwise, before the Commission in obedience to a subpoena issued by it:
Provided, That no natural person so testifying shall be exempt from prosecution
and punishment for perjury committed in so testifying.
SEc. 10. That any person who shall neglect or refuse to attend and testify,
or to answer any lawful inquiry, or to produce documentary evidence, if in his
power to do so, in obedience to the subpoena or lawful requirement of the Com-
mission, shall be guilty of an offense and upon conviction thereof by a court
of competent jurisdiction shall be punished by a fine of not less than $1,000 nor
more than $5,000, or by imprisonment for not more than one year, or by both
such fine and imprisonment.
Any person who shall willfully make, or cause to be made, any false entry
or statement of fact in any report required to be made under this Act, or who
shall willfully make, or cause to be made, any false entry in any account, record,
or memorandum kept by any corporation subject to this Act or who shall willfully
neglect or fail to make, or to cause to be made, full, true, and correct entries in
such accounts, records, or memoranda, of all facts and transactions appertaining
to the business of such corporation, or who shall willfully remove out of the
jurisdiction of the United States, or willfully mutilate, alter, or by any other
means falsify any documentary evidence of such corporation, or who shall willfully
refuse to submit to the Commission or to any of its authorized agents, for the
purpose of inspection and taking copies, any documentary evidence of such
corporation in his possession or within his control, shall be deemed guilty of an
offense against the United States, and shall be subject, upon conviction in any
court of the United States of competent jurisdiction, to a fine of not less than
$1,000 nor more than $5,000, or to imprisonment for a term of not more than
three years, or to both such fine and imprisonment.
If any corporation required by this Act to file any annual or special report
shall fail so to do within the time fixed by the Commission for filing the same,
and such failure shall continue for thirty days after notice of such default, the
corporation shall forfeit to the United States the sum of $100 for each and every
day of the continuance of such failure, which forfeiture shall be payable into the
Treasury of the United States, and shall be recoverable in a civil suit in the name
of the United States brought in the district where the corporation has its principal
office or in any district in which it shall do business. It shall be the duty of the
various district attorneys, under the direction of the Attorney General of the
United States, to prosecute for the recovery of forfeitures. The costs and ex-
penses of such prosecution shall be paid out of the appropriation for the expenses
of the courts of the United States.
Any officer or employee of the Commission who shall make public any infor-
mation obtained by the Commission without its authority, unless directed by
a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding
one year, or by fine and imprisonment, in the discretion of the court.
SEC. 11. Nothing contained in this Act shall be construed to prevent or inter-
fere with the enforcement of the provisions of the antitrust acts or the acts to
regulate commerce, nor shall anything contained in the Act be construed to
alter, modify, or repeal the said antitrust acts or the acts to regulate commerce
or any part or parts thereof.


APPENDIX 1

An act of Congress approved June 29, 1937, (Public No. 173, 75th Congress)
entitled "An Act making appropriations for the Department of Agriculture and
for the Farm Credit Administration for the fiscal year ending June 30, 1938,
and for other purposes," contains the following provision:
"Packers and Stockyards Act: For necessary expenses in carrying out the pro-
visions of the Packers and Stockyards Act, approved August 15, 1921 (U. S. C.,
title 7, sees. 181-229), as amended by the Act of August 14, 1935 (U. S. C., supp.
II, title 7, sees. 218-218d), $381,879: Provided, That the Secretary of Agriculture
may require reasonable bonds from every market agency and dealer, under such
rules and regulations as he may prescribe to secure the performance of their
obligations, and whenever, after due notice and hearing, the Secretary finds any
registrant is insolvent or has violated any provisions of said Act he may issue an
order suspending such registrant for a reasonable specified period. Such order
of suspension shall take effect within not less than five days, unless suspended or







18

modified or set aside by the Secretary of Agriculture or a court of compt
jurisdiction: Provided further, That the Secretary of Agriculture may, whenev
necessary, authorize the charging and collection from owners of a reasonable t-
for the inspection of brands appearing upon livestock subject to the provisions
of the said Act for the purpose of determining the ownership of such livestook-:
Provided further, That such fee shall not be imposed except upon written requst
made to the Secretary of Agriculture by the Board of Livestock Commissioners,
or duly organized livestock association of the States from which such livestock
have originated or been shipped to market."


APPENDIX 2
ORDER PROMULGATING RULES OF PRACTICE TO GOVERN PROCEEDINGS UNDER
THE PACKERS AND STOCKYARDS ACT. 1921. AS AMENDED
Pursuant to authority conferred upon me by law (5 U. S. C. sec. 22 and 7
U. S. C. sec. 228) I, H. A. Wallace, Secretary of Agriculture, do hereby pro-
mulgate the following rules of practice to govern proceedings arising under the
Packers and Stockyards Act, 1921, as amended:
1. Any complaint issued under section 203 (a), and any notice of inquiry
issued under section 306 (e), 309 (b), 309 (c), 311, or 401, and any petition filed
pursuant to section 309 (a), and any order to show cause why an application for
license should not be denied or why a license should not be suspended or revoked,
issued under section 502 (b) or section 505, shall state, briefly and clearly, the
facts complained of, in the case of a complaint or petition, or the matters con-
cerning which the notice of inquiry or order to show cause is issued. A person
against whom a complaint, or to whom a notice of inquiry or order to show
cause, is issued shall be designated as the respondent, and a person against whom
a petition is filed shall be designated as the defendant.
2. The complaint, petition, notice of inquiry, or order to show ctuse shall be
assigned a docket or file number and the proceedings had thereunder shall there-
after be referred to by such number.
3. The complaint, petition, notice of inquiry, or order to show cause shall be
served upon the respondent or defendant by an employee of the Department of
Agriculture or by registered mail, return receipt requested. If the respondent
or defendant is a corporation, service shall be had upon the president, secretary,
treasurer, or statutory agent of the corporation.
4. When a petition is filed against a stockyard owner, market agency, or
dealer, the defendant, if he wishes to deny or explain any of the allegations con-
tained therein, shall file with the Secretary, within 20 days after the receipt of
the petition, an answer in duplicate signed by the defendant or his attorney. If
the defendant is a corporation the answer shall be signed by the president, secre-
tary, treasurer, or attorney of the corporation. The answer shall be so drawn
as fully and completely to state the nature of the defense and shall admit or
deny specifically and in detail each material and relevant allegation of the
petition. One copy of the answer shall be forwarded by the Secretary to the
petitioner.
5. After the expiration of the period for the filing of an answer by a defendant
against whom a petition has been filed, the Secretary shall set a time and place
for a hearing and shall give due notice thereof to the defendant and to the
petitioner.
6. The Secretary shall set a time and place for a hearing upon any complaint,
notice of inquiry, or order to show cause issued under the act.
7. The Secretary shall designate an employee of the Department of Agricul-
ture as examiner to conduct the hearing, and such examiner may. in accordance
with the rules of evidence applicable to administrative proceedings, admit or
exclude any evidence presented and may limit the scope of any evidence admitted. 4
Parties may appear in person or by counsel. All persons who appear at the hear-
ing must conform to the standards of ethical conduct required of practitioners
before the courts of the United States.
Except in the case of an order to show cause why an application for license
under title V of the act should not be denied, in which case the applicant for
license shall proceed first, the party instituting a proceeding shall proceed first
at the hearing.
The testimony of the witnesses at the hearing shall be upon oath or affirmation
administered by the examiner.






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19


Copies of the records of the Department of Agriculture, certified under the seal
of the Department, shall be admissible to the same extent that the original records
would be admissible.
The deposition of any witness, taken after reasonable notice to the opposite
party and at a time and place and before a person designated for the purpose by
the Secretary, shall be admitted if the evidence is otherwise admissible.
Affidavits, if relevant and material, may, in the discretion of the examiner, be
admitted, but the Secretary will consider the lack of opportunity for cross-
examination in determining the weight that shall be given to such affidavits.
Hearsay evidence may, in the discretion of the examiner, be admitted even
though it does not come within any well-recognized exception to the hearsay
rule, but the Secretary will determine what weight shall be given to such evidence.
The form of the introduction of evidence shall not be a ground for objecting to
such evidence.
When practicable to do so, a copy of each exhibit shall be furnished to the
opposing party either before or at the time of its introduction.
Judicial notice, on request, will be taken of such matters as are noticed by the
courts of the United States.
If a party objects to the admission of any evidence offered against him or the
rejection of any evidence offered by him, or to the limitation of the scope of any
evidence introduced by him, he shall state the grounds of such objection. If
the objection is overruled, he may take an exception.
8. At the hearing, the Department shall be represented by an attorney desig-
nated by the Solicitor of the Department.
S9. At the conclusion of the hearing, the examiner shall announce the period of
time within which briefs may be filed following the receipt by the respondent or
defendant and the petitioner, if any, of the tentative findings of fact and the
tentative order, as set out in paragraph 10.
10. The examiner, within a reasonable time after the conclusion of the hear-
ing, shall prepare tentative findings of fact and a tentative order, which shall be
served upon, or sent by registered mail to, the respondent or defendant and the
petitioner, if any.
11. Within 20 days after the receipt of the tentative findings of fact and the
tentative order (unless the time is extended by the Solicitor of the Department of
Agriculture), any party who wishes to take exceptions to any matters set out
therein shall transmit his exceptions to the Solicitor. At the same time, the
party shall transmit a brief statement concerning each of the exceptions to the
actions of the examiner at the hearing, as set out in paragraph 7, upon which he
wishes to rely. If exception is taken to any tentative finding of fact, reference
must be made to the pages or parts of the record relied upon and a corrected
finding of fact must be submitted. A party, if he files exceptions, shall state in
writing whether he desires to make an oral argument on the exceptions before
the Secretary.
12. In the event that an oral argument before the Secretary is requested, a
date for such argument shall be fixed by the Secretary or by the Under Secretary
or Assistant Secretary, if designated by the Secretary to act in his stead.
13. If oral argument is heard in any proceeding .by the Secretary or Acting
Secretary, the final order in the proceeding shall be issued by the person who
heard the argument.
14. An application for rehearing, reargument, reconsideration, or modification
of a final order must be made by petition filed in duplicate with the Secretary.
The petition must state specifically the grounds relied upon. A copy of any
such application filed by a petitioner or defendant shall be transmitted by the
Secretary to the adverse party. In the event that a rehearing is granted by the
Secretary, or a hearing is ordered upon a petition for the modification of a final
order, the applicable rules of procedure, as set out herein, shall be followed.
This order shall be effective on and after the 28th day of September 1936.
In testimony whereof, I have hereunto set my hand and caused the official seal
of the Department of Agriculture to be affixed this 14th day of September 1936.
H. A. WALLACE,
Secretary of Agriculture.







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UNIVERSITY OF FLORIDA
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